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HomeMy WebLinkAboutMiscellaneous - 0 Pheasant Brook Road Lot 11N o r North Andover Board of Assessors Public Access V - - Parcel ID: 210/106.11-0229-0000.0 Community: North Andover SKETCH Ark i tz t i Avallable ITC/lt17 No ue Available Location: PHEASANT BROOK ROAD Owner Name: OCEAN VIEW REALTY TRUST MARY C CLOUTIER, TR Owner Address: 2 LAWRENCE STREET City: SEABROOK State: NH ZIP: 03874 Neighborhood: 8 - 8 Land Area: 1.22 acres Use Code: 130 - RES -DEV -LAND Total Finished Area: 0 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 196,700 182,200 Building Value: 0 0 Land Value: 196,700 182,200 Market Land Value: 196,700 Chapter Land Value: LATESTSALE Sale Price: 1 Sale Date: 09/27/1999 Arms Length Sale Code: F-NO-CONVNIENT Grantor: D E C M Cert Doc: Book: 05563 Page: 0352 Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3&Linkld=809017 8/29/2 North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=1 8/29/2006 North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=11 8/29/2006 NORTF' TOWN OF NORTH ANDOVER <��•° �o HEALTH DEPARTMENT 27 CHARLES STREET ^, �► o, .-tea.-. a NORTH ANDOVER, MASSACHUSETTS 01845 SSACHU`��t Sandra Starr Telephone (978) 688-9540 Public Health Director FAX (978) 688-9542 February 27, 2002 fA C Philip Christiansen Christiansen and Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Road Dear Mr. Christiansen: This letter comes to notify you that according to our engineering consultant the plans for the proposed septic system construction at the site noted above have technical deficiencies that must be addressed: These are: 1. Beginning trench elevation missing. 2. Identify proposed water service as either pressure or suction. 3. Provide lengths of pipes in profile of system. 4. Provide a list of local variances needed for approval. 5. Provide beginning of trench elevation. 6. Before final plan approval it will be necessary to provide proof that four feet of natural pervious material exists beneath the entire leach area and the reserve as required by Title 5 and local regulations. 7. A note in profile view is required stating that the first two feet out of the D -box must be level. 8. Identify and label all wetlands within 200' of the site. 9. Note that 500 square feet is the minimum area allowed for leaching area. NA 9.01(2 10. On plan view add 5' limit around primary and reserve area for removal of unsuitable'soil. 255(5) 11. Missing spot grade at tank showing 2% slope. 240(10) 12. Revise grading for breakout slope requirements and include reserve area grading since . activity is not located within the lot. Please remember that all resubmissions require a $60.00 review fee. If you have any questions, please do no hesitate to call me at 978-688-9540. Sincer ly,..j '-Sandra Starr, Director Cc: Owner %File NOONAN & Mc DOWELL, INC.. 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 Fax (978) 671-9565 Email: nm@netway.com Date: February 7, 2002 Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan Review, 1770/ 066 Pheasant Brook Road Assessors Map 106B, Lot 229 Dear Members of the Board, Please be advised that Noonan & McDowell, Inc. has reviewed the plan dated September 24, 2000 revised: 1/9/02, By: Christiansen & Sergi. It is our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health `By -Laws" if the following is addressed: 1) Provide name and address of owner, NA 8.02: 2) Identify proposed water service as either pressure or suction. 3) Provide lengths of pipes in profile of system. 4) Provide a list of local variances needed for approval. 5) Provide beginning of trench elevation. 6) Add a note in profile to ensure at least the first two feet out of D -Box is level. 7) State the existence of surface water supplies within 400 ft., public wells within 250 ft., and public private wells within 150 ft. 8) 500 sf is minimum area for leaching area. NA 9.01(2) See note 4 above 9) On plan view add 5 ft limit around primary and reserve area for removal of unsuitable soil. 255(5) Land Surveyors Civil Engineers Environmental Planners 10) Unsuitable soil (rock) may exist -within the five foot fill area. To ensure that four foot of natural pervious material exists it will be necessary to conduct borings or probes at the edge of the five-foot clear area. 11) The septic tank detail does not have a gas baffle on outlet pipe. 227(4) 12) Revise grading for breakout slope requirement. 17.1 ft to 138 contour. Include reserve area grading as activity is not located within the lot. 13) Provide a proposed 141.0 spot grade at septic tank area to ensure 2% slope. 240(10) Respectfully, oo John L. Noonan, P.L.S.-P.E. G:office/BOH/ 1770066.doc Land Surveyors Civil Engineers Environmental Planners 2 4F- b No. FORM 11 - SOIL EVALUATOR FOR11 Page 1 of 3 Commonwealth of Massachusetts Date: S t 7 NOi�L:Tl�f /4N'%Vi1S , Massachusetts Soil Suitability Assessment or On-site Sewage Disposal Cll�uS�i ti�Lil . S E�ZG (, l/V . Date: 5 .... Performed By: 1t 91qu ..........�F1NIL.h,....(,..W.L�I.L...�......... .... _. _............ Witnessed B ���� 5,�,�� P01Li .........(✓ivc�! ��� rL�..........................................._ ...... ........... ... ............... By: ........................................... . Lamson Address or (lam (� / owmr's Name. r? t C Address, and / ! C LaM U►LJ /1lfqr '06 6; LZ ZL<� F7b Ttleph= ew Construction Repair Li Office Review Published Soil Survey Available: No ❑ Yes C / : /S Year Published �`.7_8..I....... Publication Scale .... 4 �:4:� Soil Map Unit r In Drainage Class W+�u- !X'+IRE=V... Soil Limitations Surficial Geologic Report Available: No a Yes ❑v 140) Year Published ... ...::.. Publication Scale � / Geologic Material (Map Unit)......................-� (� h yr y-� ►o`er'5'e�i ... ...................... Landform................................................................................................ �lpt3 t a.r �.� ............................. Flood Insurance Rate Map: Above 500 year flood boundary No ❑ Yes❑'� , `" 7 Within 500 year flood boundary No RlYes❑ �� $ O 4 Within 100 year flood boundary No LJ Yes �or— Wetland Area:SSp� -P—r' National Wetland Inventory Map (map unit) G VSc� Wetlands Conservancy Program Map (map unit) Iza Ito, co Current Water Resource Conditions (USGS): Month Range :Above Normal ❑Normal ❑Belc v Normal ❑ Other References Reviewed: DEP APPROVED FORtit - 12/07/95 No. FORM 11 - SOIL EVALUATOR FORM Page 1 of 3 Commonwealth of Massachusetts Nor( -T14 141go it , Massachusetts I -t •L_ I %,t1_Q7t a .COW/ Performed By: ..i�.Nil.1....c;Ct.N.tC..,..�.►�VLifi�YtiiG..r... S.�Z��, INC. ,_,.FlUtL,i GwCronp'b.................... Witnessed B ........... - v. ..... .. .................................. Date: S--// Date: jxwian Address a Lv" 1( F'H h73ti Jlsii�C)jL is /J. Owners Name. ►Jt C,vJ SS (�>L n yJ _ Address. and / )&0 6 i" j S 1 . La / fOr ri f ` ;� ` Z L''� Telephone I V /119 ew Construction � Repair ❑ 6116, C9 Office Review Published Soil Survey Available: No ❑ Yes /S �34P Soil Map Unit C r L............ Year Published 1.`.1.8..(..... Publication Scale -4 Lj C. n.� .....s..N' �`5.... ��` I .......�......IC/ .................. Drainage Classlnl-►L(-( -9rai ...�' ... Soil Limitations 1 Surficial Geologic Report Available: No a Yes ❑ Year Published Publication Scale Geologic Material (Map Unit) ................................................................................................................. .... .............. Landform........................................................... ............................................................................................................... .............. . .. Flood Insurance Rate Map: Above 500 year flood boundary No []Yes Within 500 year flood boundary No R Yes ❑ - Within 100 year flood boundary No UYes ❑ Wetland Area: ......................... National Wetland Inventory Map (map unit) .................................... ............................ Wetlands Conservancy Program Map (map unit) ................................................................................................ Current Water Resource Conditions (USGS): Month Range :Above Normal ❑Normal ❑Bele-,/Normal ❑ Other References Reviewed: JUN 27 ^� DEP APPROVED FORINI - 12/07/95 d << • FORM 11 - SOIL EVALUATOR FORM Page 3 of 3 Location Address or Lot No.( (.i f t 96C /_ iW AV Determination -for Seasonal High Water Table Method Used: ❑ Depth observed standing in observation hole ........... inches ❑ Depth weeping from side of observation hole ......... inches ❑ Depth to soil mottles inches ❑ Ground water adjustment ................... feet ` Index Well Number .................. Reading Date .................. Index well level ...........:. . Adjustment factor ................... Adjusted ground water level .......................................... i N �I�rli.r'W!(al�►�t 1N ;t:'rS (-'�I1 Ems• Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? N Q If not, what is the depth of naturally occurring pervious material? 0 7 1 Certification I certify that on /o/94 (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signature Date/4C) o e. DEP APPROVED FORM - 12/07/95 0 134 136 136 I ` , ` BENCHMARK: \ SPIKE SET IN S' BIRCH \ ELEV. = 135.06 PROPOSED GRADING EASEMENT / I I / � I I34 / / LOT, 10 / !' I ! / / fiP 5-00 1 I I i �f TSP 11-4 TP* " ® -T�' 4--00 R's - p`1/1_8 PT SOIL LOG LOCATION I 87 %Tfl.'2-00 TP 3-001 ® , � TP* / 136 / / 134 PLAN SCALE: 1' = 40' 11.42 TP i 1-00 AREA = 1.22 ACRS ' / ' 'L A� 1V 5 / l// j / �% iV` •/ 132 / /OF -154 136 134 134 /l I II I 11 1 I 1 I I 1 I � I I / I I , 1 1 136 I NOTE THE TEST PITS DESIGNATED i BY THE ' TP* ' LABEL SHOWED REFUSAL AT 3' TO 5' DEPTHS AND 134 WERE ABANDONED WITHOUT COMPLETE SOIL LOGS. �-r Location Address or Lot No. lJ FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 On-site Review % �.� � II 3 Date:. 5...�..� iJ D U Weather 7 yNN y Time: � Deep Hole Number Location (idertify on site plan) Slope (%) 3 �`U Surface Stones /3t .7r,.J S ANG Land Use �QP �5.:. Vegetation .... Landform .....: . Position on landscape (sketch on the back Distances from: feet Open Water Body feet Drainage way Possible Wet Area ... feet Property Line feet Drinking Water Well feet Other .. DEEP OBSERVATION HOLE .OG* rr�A-7 v.c�, c�fvv�-vr v i�j'i Depth from Soil Horizon Soil Texture (USDA) Soil Color Soil Other (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % Surface (Inches) ¢ a -7 f �j. G + V . S (, PCZ✓ iZa u;3 %� ¢ J j2FM171-���n u cntij if 1j RFQUlRffMVERY PROPOSED 1SPOSAL AKLA s1l n - r -O (-,I;Iz Parent Material (geologic) % � L. COepthtobedrock: Depth to Groundwater: Standing Water in the Hole: S + f Weeping from Pit Face: -- Estimated Seasonal High Ground Water: i N�ILr,�I_-�U4 TES j P f f la DEP APPROVED FO"I - 12/07/95 FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot No. �0 i �� �'»����r 3�C}iC t2Lj4 J On-site Review DEEP OBSERVATION HOLE LOG Depth from Soil Horizon Soil Texture Soil Color Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % Surface (Inches) l - ' Ur F ILC L) Upsit - L=EQU M1_7_Wr77ffi 5 DepthtoBedrock: Parent Material (geologic) - Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: DEP APPROVED FORM - 12107/95 l Date:. ? 1 g J Time: Weather Deep Hole Number Location (idertify on site plan ...:::.:..... ...... Slope (%) Surface Stones Land Use Vegetation Landform .....: ... Position on landscape (sketch on the back) ..:... Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other ..: . . DEEP OBSERVATION HOLE LOG Depth from Soil Horizon Soil Texture Soil Color Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % Surface (Inches) l - ' Ur F ILC L) Upsit - L=EQU M1_7_Wr77ffi 5 DepthtoBedrock: Parent Material (geologic) - Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: DEP APPROVED FORM - 12107/95 l FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot No. LIT II I✓YOSOJ AtWCll,/- rte. On-site Review JI1/Deep Hole Number 3 ":uo Date:..S ..:... U U Time: Weather Location (identify on site plan) Land Use Slope M Surface Stones .:...,::.... Vegetation Landform Position on landscape (sketch on the back) - Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE '-OG* Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % VERY PRt DepthtoBedrock: Parent Material (geologic) Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: j�ST In (f L44./ IS LIZ DEP APPROVED FORM - 12/07/95 i t E FORM 11 - SOIL EVALUATOR FOR11 Page 2 of 3 - Location Address or Lot No. %T 11 puoe On-site Review Deep Hole Number 4-...-.00 Date:. 5 /11)/00 Time: Weather Location (identify on site plan Land Use Slope (%) Surface Stones Vegetation Landform Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE OG' Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, BouldGraveers, Consistency, 4 (ressf,3Ly I, r M,v S, IT) M If -/)n r o.& DepthtoBedrock: Parent Material (geologic) Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: -- Estimated Seasonal High Ground Water: /--jj s T {o t .T W Ai sir rw �i L DEP APPROVED FORAM - 12/07195 1 Location Address or Lot foto. FOR:`i 11 - SOIL EVALUATOR FORM Page 2 of 3 On-site Review Deep Hole Number :v Date:...::....: Location (idertify on site plan) Land Use Slope (%) Vegetation Landform .. Position on landscape (sketch on the back) . Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well : . feet Other DEEP OBSERVATION HOLELOG* r Soil Depth from FSoil Horizon SoiUSDAIre I (Munsell)Soil I Mottling Surface (Inches) Other (Structure, Stones, Boulders, Consistency, % Grave LEGE tt l DepthtoBedrock: Parent Material (geologic) - Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: -- Estimated Seasonal High Ground Water: jj DEP APPROVED FORM - 12/07195 N TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01.845 Sandra Starr Public Health Director September 6, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Lot 11 Pheasant Brook Road Dear Mr. Watsky: NORTH q u �4SSncwus aay Telephone (978) 688-9540 FAX (978) 688-9542 This letter comes in response to your letter of July 31, 2001 requesting that the Board of Health meet with you to discuss this lot. This is best done at a regular monthly meeting of the Board. At their most recent meeting of August 23, 2001, however, after the Board reviewed your correspondence, they voted unanimously under the North Andover Regulation Regarding Repetitive Applications (See attached.) to NOT hear this case again. If your client can meet the three conditions required in the Repetitive Applications regulation, then please submit this information along with a request to be placed on the next agenda and it shall be scheduled. . Please do not hesitate to call me at 978-688-9540 should you have any questions. Sincerely, �c Sandra Starr, R.S., C.H.O. Public Health Director Cc: BOH R. Couillard Town Manager Christiansen & Sergi File 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.203: continued��`' 6�G (6) System design flows for facilities other than those listed above shall be established, with approval of the Department, in relation to actual meter readings of established flows from known or similar installations. In those instances, design flows shall be based on 20070 of average water meter readings in order to assimilate maximum daily flows. (7) In schools, flows generated from sinks or other drains receiving wastes from science laboratories, graphics arts classrooms, or vocational school activities, including, but not limited to, automotive repair painting, or metal fabrication are classified industrial wastes and shall be directed pursuant to an appropriate permit, to a sewer, if a sewer connection is feasible and, if not, then to an industrial waste holding tank approved by the Department or an approved hazardous waste collection receptacle. 15.210: Setback R uirements and Loading Limitations for Locating and Designing Systems 15.211: Minimum Setback Distances (1) All systems must conform to the minimum setback distance for septic tanks and soil absorption systems, including reserve area, measured in feet and as set forth below. Where more than one setback applies, all setback requirements shall be satisfied. Soil Absorption Septic Tank System Property Line 10 Public.:Water--Supply W .._. Cellar Wall or Irrigation Well 10 Swimming Pool. (inground) 10 20 Slab Foundation 10 50 Water Supply Line (pressure) . 10[1] 10 Surface Waters (except wetlands) 25 10(1] Bordering Vegetated Wetland (BVW), 25 50 Salt Marshes, Inland and Coastal Banks 25 50 Surface Water Supply = .. Dry Wells Reservoirs and Impoundments 400 400 Tributaries to Surface Water Supplies Wetlands bordering Surface Water Supply 200 200 or Tributary thereto -• -Certified Vernal Pools 100 100 Private Water. Supply Well or Suction Line 50 50 Public.:Water--Supply W .._. (2.). Irrigation Well PO -Open, Surface or Subsurface Drains which discharge to Surface Water Supplies or -tributaries thereto ' ' 50 Other Open, Surface or Subsurface Drains (excluding foundation drains) which intercept seasonal high groundwater table (3] 25 Other Open, Surface or Subsurface Drains (ei:cluding foundation drains) 5 Leaching Catch Basins & Dry Wells Downhill Slope 10 '25 - not applicable 15[4] [1] Disposal facilities shall also be at least 18 inches below water supply lines. Wherever sewer lines must cross water supply, lines, both pipes shall be constructed of class 150 pressure pipe and shall be pressure tested to assure watertightness.. 3/24/95 (Effective 3/31/95) 310 CMR - 512 310 CNIR: DEPARTMENT OF ENvrRONAU NTAL PROTECTION 15.232: Distribution Boxes (1) For all gravity flow distribution systems, a water tight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimension of the distribution'box, regardless of material, shall be 12 inches. 11 (c) The minimum wall'thickness for reinforced concrete shall be two inches. (3) The distribution box shall conform to the following design specifications: (a) When the soil absorption system is to be dosed or the slope of the inlet pipe exceeds 'Oi08 feet -per foot, an riles tee; baffle or splash plate extending to one inch. above the outlet invert elevation shall be. provided,to dissipate the velocity of the influent. (b) The invert elevation of all, outlets shall be equal to each"other and located at least two inches below. the invert elevation of�the inlet. The distribution lines leading from the distribution box shall all have the same invert elevation as determined by flooding the distribution box to the height of the dstrrbu%ion line invert after all lines have been sealed in place. If all inverts are not the same elevation; they shall be adjusted by filling with durable and non deformable material, permanently, fastened to the. fine or reconstructing the lines until all'inverts &e at the same elevation (c)' Outlet distribution"lines shall be level fora minimum. of the first two feet of their -length. There shall be at least one outlet for each effluent distribution line. (d) Every distribution box shall have a water tight.cover or in the case of systems with a design flow greater than 2,066 gpd, water tight manhole with cover. (e) 'Every distribution box shall have a minimum sump of six inches as measured below the outlet invert elevation. 15.233 • Siohons The use of siphons for on-site systems, including. shared systems, is prohibited unless approved as a component of a recirculating sand filter or other alternative technology. 15.240: Soil Ab orption stems (1) On site subsurface sewage disposal systems shall be located in an area where there is at �/ least a four foot depth of naturally occurring pervious ;soil below the.entire•area of the soil 2� absorption area and reserve area unless a variance is issued in accordance with the provisions of 310 CMR 15.415(2). The four;foot stratum must be free: of impervious (as defined in 310 CMR 15.002) materials.. (2) Effluent from any component of an on-site sewage disposal system shall not be disposed of by direct discharge to any waters of the Commonwealth, unless in compliance with a permit issued pursuant to 314 CMR 3.00 (surface water permitting) or 314 CMR 5.00 (groundwater permitting). (3) Soil absorption systems shall be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of effluent distribution lines'so that the effluent can.migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b) removal of pathogenic organisms, nutrients, and particulates; d 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.353: continued (b) repair or replacement of one or more structural components of a system which is otherwise in compliance with 310 CMR 15..000,. such as a clogged building sewer or distribution line, damaged building sewer, septic tank or distribution box, or broken tee which is determined to be the probable cause of the system failure and for which no modification or alteration of the system design is required; and shall be completed within 30 days. (2) All emergency repairs other than pumping shall be followed within 30 days of the emergency repair by an application for a Disposal System Construction Permit, local upgrade approval, or an. application fora variance,. if needed, pursuant to 310 CMR, 13:41:1(2). The applicant may backfill any ,excavation required ,for the emergency,repair authority. :.unless directed otherwise .by the approving authoriry.Y.. Pumping shall be reported to the local approving (3} Any upgrade or expansion of a system which is not an emergency repair shall be designed, approved, and constructed in accordance with 310 CMR 15.000: 15.354: Abandonment of Systems (1), Whenever the use.of a system is discontinued following connection to.a municipal or private sanitary sewer or following condemnation or demolition of a building served by the system: the system shallbe,consrdered: abandoned and 'any further use of, the system for any purpose shall be. prohibited unless afterinspection, the approving authonty, determines the system is in compliance or can be.brought into.coinpliancc with 316 CMR 15:000: (2) Continued use of a:septic,tank where the._tank is to become an integral part of a sanitary sewer system requires the prior- ,wr4tgR.approva1 of the. Department (3) The following;procedure shall be_,used to abandon.a system: (a) The facilrty ,owner shall. apply to the approving authority to abandon,.the •.czisting systemc}ting the reason(s) abandonment is necessary, and where connection'tamunicipal or private sanitary.sewer has;been made, a -.copy: of the sewer.conrtacdon perrrut•shallbe submitted with the application; Upon.receigt of the appovmg; authority's written approval toabandon,the system, thcstptrc tank shall• -be pumped of its entirevontcnts,by a.l censod septagc;haulcr; and (c) .The tank shall be excavated'' removed from the site; or the bottom of:the tank shall be opened or ruptured after being pumped of its content so as to prevent retainage of water and :the tank. shall be completely filled with clean sand. ._ .. Genual Provrsror� , >- (1) ) xc�cpt s j 310 ijCnMR 15401 through 15.422, 0 6 appi3jcauNo r to constract, a (21�; requests to va approval or a-' required, by th 3/24/95 (Effective 3/31/95) 310 CMR - 551 the 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.402: Use of Local Uverade Approvals or Variances (1) Local Upgrade Approvals maybe granted by local approving authorities without review by the Department for required or voluntary upgrade of failed or nonconforming systems with design flows below 10,000 gpd in accordance with the terms and provisions of 310 CMR 15.402 through 15.405. Upgrade Approvals for required or voluntary upgrade of systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which are failing to protect or are a significant tr. eat to public health and safety and the environment as set forth in 310 CMR 15.304 shall be approved by the Department. (2) Proposals for new construction or for increase in flow to anexisting system other than in full comp inns with 310 CMR'''15:•100 through 15:293 must°seek,and obtain a variance from the`local approving authority'and the Department (with°.the eicceptionof thosevariances set forth at 310 CMR 15:412(4) for which the Department has no review) in accordance with the terms and conditions of 310 CMR 15.410 through 15.417. 15.403: Local Uri Ade Approvals (1) The owner or operator may upgrade a failed or nonconforming system with design flows below 10,000 gpd (systems which trigger failure criteria set forth at 310 CMR 15.303) or systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which fail to protect public Health and safety and' the environment''(large systei•ns set'forih 'at 310 CMR 15.304(1)) pursuant 'to -a local upgrade approval' in accordance v ih the the anu requirements of 3I0 'CMR 15.404 and 15.405 without obtauung variances. ' Local upgrade approvals for any system serving a facility owned by an, agency the Comtimonwea-Ith or the federal government -or systems with design. flows of 10400 gpd or`' geater 'bur less than 15,000 shall be granted by..the Department applying the same standards: The application for a local upgrade',approval shall be made using a 'form approved by the Department. Notification to abutters. s11411`0e'provided.pursuant t6,310 CMR15!411(1)0): (2) l-ocal'Upgtade°approvals stall not be=granted fdr tipgradeprb' i5sals`whie' addition of.riely &qWt ,flo p h urclude the g cesspool or privy or fol the aitdtuon of. new design flows above thee=existtlig apprill+edlVcapacrty of a system constructed -1h a&&6rdance_,with the provisions of 3.10`CMR 15':000 or"tfi"e=`-1978"Code: ' (3) System upgrades which cannot be performed in accordance with 310 CMR 15.404 and 15:405"require a variance from the provisions of 310 CMR 15.000, which shall be processed in accordance with 310 CMR 15AW1 Through 15.417. (4) The system owner or operator shall provide a copy of the local upgrade approval to the :• Department upon issuance by the local approving authority and before'commenccment construction. of (1) Goal of full compliance. Wherever feasible, a failed or nonconforming system (other than systems threatening public health and safety or the environment as described in the CMR=15:'304(2)) shall be brought into full compliance through installation of one or mole 'of tlie'followin (a) ° an :upgraded system which is in full compliance with 31 15.29.3; U CMR 11 .1 •n s= (b) an alternative system which has been approved for such -use pursuant 6110 CMR - 15.284 (remedial use), 15.285 (piloting), 15.286 .(provisional approval), or 15.288 (certification for general use); (c) where proposed by the owner or operator, a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. 3/24/95 (Effective 3/31/95) 310 CMR - 552 N 310 Civ1R: _ DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.404: continued Where failure of the systemis solely due to failure of the septic tank, distribution box, soil absorption system, piping, and/or building sewer, upgrade of that component(s) in full compliance with 310 CMR 15._000 shall. be deemed to meet the goal of full compliance; provided that the upgraded component functions properly with the other system components, the system functions properly hydraulically, and the owner obtains a certificate of compliance from the approving authority. If other system failures are -discovered during upgrade of that component(s), such other system failures shall be upgraded in accordance with 310 CMR 15.405... } (2) When full compliance pursuanf'to 310 CMR 15.404(1) is not feasible, the. approving ' e authority shall issue a local upgrade 4pproval authorizin u of the system with the�goal of maximizing protection of public liealth and safety and the environment to the maximum extent feasible. The-followbig requirements shall not ,be, varied by the local approving authority ezcept'as explicitly set forth in 310 CMR 5.404(2)(b) and (d): (a) A septic. tank with an effective liquid capacity providing no less' than 24 hours of retention time or 1000 gallons', whichever is greater, shall be. providedunless the septic tank is an elevated tank constructed in accordance with 310 CMR 15.213 (construction in V- zones) in which case the effective liquid capacity may consist ofx.500-gallon tank. (b) A miniinirmof four feet of `separation between the`bottom of the soil absorption system and the high groundwater elevation shall be provided;. using fill if necessary. The local, approving atittiority may'allow a three foot settaration on1X in fault c'omoliancP with 3'10 r'r ru 15405(1°: i (c) muumum of four`feet of naturally`ocm cung pervious soil below the entire area of the soil�absorptioii4rea and,'r'eserve'areas }iail_be provided (d) 'The soil •at sorption>systern shall be designed to provide as much of the required area as.possible on th'e facil�itry serv�edror, if proposed by the owner or operator; on an abutting facility pursuant'to a=.valid recorded easement. ° The local approving :authority may reduce the required soil absorption system area no more *than `250/c, as provided in 310 CMR 15.405(1). Reductions in the`required:subsurface disposal area in excess of 25% may only be varied by the Department, •and' may require the installation of a Department-approved septic tank efIlueht tee'filter;' dosing of portions of the 'soil absorption system on an alternating basis, and/or other measures to protect the integrity of the soil absorption system; and (e) the soilabsorption system shall not be located within 100 feet of a surface water supply or tributary to a-surface water supply within 50 feet of a private water supply well, or within the Zone I of a public water supply well: 15.405. Contents of T ocAl T Iggrade Approval '(I) Iii granting local upgradeapprovals pursuant to 310 CMR 15 404(2) where'fiill compliance as defined in 310 CMR 15.404(1) is not feasible; the local approvinglauthonty shall consider the impact of the proposed system and shall vary to the least degree necessary tho_requirements of 310 CMR 1 5:100 through 15:293 so ,as to allow 'for `ioth the;best feasible upgrade within the borders of the lot, and.. have the least effect on public health, safety and the environment. The loca<approviiig`authonty is allowed to diverge from` the goal ffull,compl am, only to the Cxtenl neCC t °ct f° G/t r r Y ssaryuto zachievea- feasible upgrade In' determuung whether fr"Il compliance is feasible, the approving authority should appropriately consider not only physical ;possibility as dictated b)%''the conditidns of `the site; b'ut'also the. econorriic feasibility ofthe upgrade costs: The approving authority should emphasize protection of water resoui es .?;ethe the "sariifary sewage. Absent conditions which would result in a different outcome based on best professional judgment, the options"set forth' below'sho�uld'be considered in the. order inwhich they appear With 310 CMR 15.405(1)(x) being the first option to be considered `and rejected or adopted and 310 CMR 15.405(l)(i) being the last option to be considered and rejected or adopted: j (a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for !� property lines provided that a survey of the property line shall be required if a component is to be placed within five feet of the property,line, and no such reduction shall result in the soil absorption system beinglocated less than ten feet from a soil absorption system on an abutting property; (b) Reductions of system location setbacks from cellar wall, .swimming pool, or slab foundations; 11/3/95 310 CMR - 553 310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.405: continued (c) Placement of the leaching structure within an area where percolation rate is between 30 and 60 minutes per inch, in accordance with 310 CMR 15.242; (d) Up to a 25% reduction in the required subsurface disposal area design requirements; (e) Where upgrade is required pursuant to 310 CMR 15.303(1) because itis within Zone I of public well or within .100 feet of private well, relocation of the well. Any relocation of a public well shall be performed pursuant to 310 CMR 22.00 (water supply source approval), - (f) Reduction of system location setbacks from bordering vegetated wetlands; ' (g) Reduction of system location setbacks from surface waters, salt marshes, inland and coastal banks; certified vernal pools in accordance with 310 CMR 15.211(1)(2], leaching catch basins, dry wells,; or surface or subsurface_ drains other than those which -discharge to surface water suppliespr tributaries thereto; (h) Reduction of system location setbacks. from water supply lines, private water supply wells (but not within 50 feet of the well), tributaries,to surface water supplies, surface water supplies, but not within 100 feet of the, surface water supply or tributary thereto or open, surface or subsurface drains which discharge to surface. water supplies or tributaries thereto. (i) the local approving authority :may reduce the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded percolation rate of two.minutes or less per inch) between the bottom of the soil abs tion system and the high groundwater elevatiorry,if all of the following conditions are met: �nl 1 An approved Soil Evaluator who is: -a member.or agent of the local approving authority deternvnes the high groundwater elevation. 2: A minimum.three.,foot separaiion•.(in soils with a recorded percolation rate of more than two minutes per.inch) or a minimum four foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is.maintained. 3 The sys`tern rs, a farled.,or :non-conformin ,s .stem, serving an existing building with a design flow o;ess than 2,000 gpd 4. No increase ih,design flow or square,footage,of.the building is allowed. 5. No_�red yucuon in required leaching,.field size or setbacks from public or private wells, bordering vegetated wetlands, surface waters,. salt marshes, coastal banks, certified vernal pools' water supply lines, surface water supplies or tributaries to surface water supplies'; ,or drains which discharge to surface water supplies or their tributaries, is allowed, (2) No application for an upgrade approval in which the setback from property lines or a private water supply well is reduced shall be complete until the applicant has notified all abutters whose property or well is affected by certified mail at his/her own expense at least ten days before the . Board of Health meeting at which the upgrade approval'will be on the agenda. The notification shall reference the standards set forth in 3.10 CMR 15.402 through 15:405 and indicate the date, time a,�dlace where the upgrade approval will be discussed. (3) If the nonconforming system cannot be upgraded in accordance with 310 CMR 13.404 and 15.405(1) the owner 'shall:'` (a) obtain a groundwater discharge permit pursuant, to 314 CMR 5.00 and 6.00, (b) apply to the Department to use a tight tank or modified tight tank in accordance with the provisions of 310 CMR 15.260 through 15.262, (c) apply for a variance pursuant to 316 ItNM 15.410 through 15.415, or (d) 'abandon the system in compliance with 310 CMR 15.354_ (4} Nothing in 310 CMR 15.405 shall authorize violation of M.G.L. c. 13'1, §.40 and 310 CMR 10:00, or'any"other applicable provision of law. 11/3/95 310 CMR - 554 31.0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION '< 15.410: Variances - Standard of Review �.r r i (1) Local approving authorities and the Department may vary the application of any provisions of 310 CMR 15.000 with respect to any particular case except those listed in 310 CMR 15.415. Variances shall be granted only when, in the opinion of the approving authority: s eq (a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.000 from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances of the individualcase; and (b) The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be ;x �{ achieved without strict application of the provision of 310 CMR 15.000 from which a t� variance is sought. y zA (2) With regard to variances for new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of substantially all beneficial use of the subject property in order to be manifestly unjust. 15.411: Process ;for Seeking&- Variance F orn 'Local At orovihQ� Authorities. (1) The local approving authority shall review requests' for variances as follows: (a) Every regncst-°for'& a variance shall be inf°wntin g and shall'make reference to the specific' provtsion of 31t) CMR 15 000'. for which a variance is soughf and a statement in c6rnplimce'witti410 CMR 15:410" is ' (b) Nb-apphcauon'for<a variance s6'ali be'coriplcte unttl t}te`rapplicant'has notified all abutters 'by -certified mail of his/her=own expense -at- 16 ak tcx days before the Board of Health meeting at which the variance -request will be on the agenda. The notification shall reference: 'the specific provisions of 310 CMR 15.000 from which a `variance is sought, a statement of the standards set forth in 310 CMR 15.410 and the date, time and piace ,where -"the' application-vi%ill' be discussed: (2) Emergency repairs. pursuanf to 310 CMR 15.353 may be performed without seeking a variance. The owner `of:•the system must seek a variance within 30"calendar• days .after performing the emergency repairs:' (3). Any variance allowed'by the:local approving authority shO be'in writing. Any denial of a variance shall, also be in 'writing and shall contain a brief statemerit of the reasons for the denial: A copy `of each varia cc6 -shall be conspicuously posted for 30 days following its issuance; and shall be: available to the' public at'all reasonable hours in the office' of the. city or town clerk or the office of the Board of Hearth while it is in effect. _ (4) A request for a variance .for a residential facilitywith four units or less -(as :described in M.G L c. 111;' 9 31E) shallbe deemed co6sfrddtively approved by the local approving authority if the local approving authority does not act upon it within 45 days of receipt of a complete applicatiori: Such variances are still subject to review by the Department in accordance ,with `310 -CMR 15,412: .15.412:_ Review -of Variances bv'the.Deoartment (1) Except as provided' in 310 CMR 15:412(4), the applicant shall file a copy of each variance grantd& by: the iocat approving auth'ority'with the -Depart merit together with the fee specified 4t, 310 CMR 4.00.-The-Dcpartinent shall review 'all those issues raised before the local approving authority ' and may review other issues raised by the application, all in accordance with the standards set in 310 CMR 15.410. (2) The Department shall approve, disapprove or modify the variance granted by the local approving authority, or shall request additional information to be provided by the applicant, within 30 calendar days of the Department's receipt of the request. If the Department has requested additional information, it shall approve, disapprove or modify the variance within 30 days of receiving the applicant's response. 3/24/95 (Effective 3/31/95) 310 CMR - 555 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; Jr (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 ( (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased j flows not in compliance with 310 CMR 15.000 will rarely provide better protection than j! existing flows to a system designed and constructed, in compliance with the 1978 Code or.310 CMR 15.000, but are more likely -to constitute imrovements over nonconforming or failed systems. 15.415: Provisions From Which No Variance ,Ma lie` -Granted (1) No variance from the;m►n mum requirementof four feet,of naturally occurring pervious material set forth in 310 CMR115.240(`1) sha11'be granted for'new construction. (2) -_For upgrade of systems; or increase '0 'flow to existing systeins, no variance from the minimum requirement of four.feet `of naturallyoccurring pi ious nate ., l set forth in 310 QW. 15. shall'be granted unless the applicant` demonstrates that alternatives for siting an on-site system with four feet of naturally .occurring pervious` material or connection to a aanitary sewer or connection to'a shared system are not feasible. Where no such alternatives are, feasible, a: `variance'_ to allow ith6 repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following:' (a) evidence; the result -of deep observation hole testing; that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements -to -adjacent property on which a system in compliance with the four feet requirement could be installed have been.requcsted and cannot be obtained; and (c) evidence that site testing to `establish high ground -water elevation conducted in accordance with the procedures set -forth in 310 CMR 15:103 has been conducted .in conjunction with preparation of design "plans and specifications for the repair or replacement 15.416: Variances rut Sch �ls'� (1) For purposes of 310 'CMR 15.416, a school means any public or privately -owned elementary, middle, or secondary school. University, college or other adult educational facilities, .regardless of ownership, are not considered schools for these purposes; ` (2) The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Deepartment,that: (a) ;the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR - 15:000 from which a variance is sought The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. 3/24/95 (Effective 3/31/95) 310 CMR - 557 r 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION t 15.417: continued J (6) No applicant shall be deemed to be entitled to selection of his or her site under 310 CMR 15.417, and the selection determination shall not be subject to the review process set forth in 310 CMR 15.422: A rejected applicant may file an application for a Disposal System Construction Permit pursuant to 310 CMR 15.020, and if necessary may seek a variance pursuant to 310 CMR 15.410 through 15.415. 15.420: Appeals of Variance Determination (1) The denial of a variance is not an order. (2) Variances which: are'reviewed>.Oy the local approving authority but not acted on by the Department may be appealed pursuant to 310 CMR 15.421. (3) Variance requests which are reviewed and decided by the Department may be appealed . pursuant to 310 CMR 15.422. 15.42-1_; Appeals From Determinations by Local Approving Authority Any person aggrieved by anyordr-:, variance, issuance or denial of a Disposal System Construction Permit, Local -Upgrade Approval or Certificate .of Compliance issued by a local approving authority .may appeal to any court of competent jurisdiction as provided`for by the laws .of the Commonwealth. 1.5.422: Appeals -of Departmental Determinations (1) An applicant who is aggrieved by a variance determination by the Department may request an adjudicatory hearing on that determination in accordance with 31'O CMR 1-.00 and M.G.L. c. 30A (2) Any person aggrieved by an- Wer, or by a commonality determinationpursuant to 310 CMR .15 011, issued by the Department, may request an adjudicatory hearing in accordance With the :provisions of 310=CMR 1.00 and MG:L. c. 30A. 15.500: Purpose The provisions of 310 CMR 15.500 through 15.505 are intended to provide for safe,. efficient and economical means of collecting transporting and disposing of septage. 15.501: Regional AbatementDistricts (1) Handling of septage through regionalized authorities or districts can promote public safety, efficient regional planning, sufficient capacity and cost -savings for individuals, the Commonwealth and its potitical'subdivisions: (2) One or more cities and towns, pursuant to the provisions of M.GL c. 21, §§ 29 and 30, and M.G.L:. C. 111, §§ 31 and- 31D may enter into an- abatement -district for the purpose of arranging for the, transport and disposal. of septage: generated within their' boundaries. A model -regulation for the'purposes of forming adistrict maybe obtained from the DepatmenL 15.502: Transportation (1) No person shall remove and transport scptage through the streets of any city or town or via any state or federal highway located within any city or town in which the septage was first collected without first obtaining a permit from the board of health of such city or town in accordance with 310 CMR 15.000 and M.G.L. c: 111, § 31A. An application for such permit shall'be in such form and contain such information, on oath, as such board shall require. 3/24/95 (Effective 3/31/95) 310 CMR - 559 a. Lot lines and location of dwellings (including ties to lot lines) on the lot from foundation plan or certified plot plan. b. Dimension of system with ties to lot lines and existing dwelling. C. Location of disposal system with relation to deep holes and percolation tests. d. Elevations of disposal system including top of foundation elevation. e. Location of any wells, drains or watercourses within 150 feet of the' disposal system and the relative distances to the disposal system shown. f. Lot number and location. g. Location of water, gas and electric lines and any other subsurface utility lines. h. Distances from the corners of the house to the center of the tank and distribution box. i. The As -built Plan shall be prepared by a Massachusetts Registered Professional Engineer, Massachusetts Registered Sanitarian or Massachusetts Registered Land Surveyor. SECTION 9.00: GENERAL DESIGN REQUIREMENTS 9.01 Size: The minimum size subsurface sewage disposal system for new construction shall in no case be less than the following: 1. a minimum of a 900 sq.ft. leaching bed 2. a minimum, of two (2) leaching trenches having a minimum area of 500 square feet' 3. a minimum of two (2) shalllow seepage pits at least (13'X 16') 4. For a single family dwelling: A minimum capacity to accommodate an average daily flow _of 440 Page 22 gallons. a. Lot lines and location of dwellings (including ties to lot lines) on the lot from foundation plan or certified plot plan. b. Dimension of system with ties to lot lines and existing dwelling. C. Location of disposal system with relation to deep holes and percolation tests. d. Elevations of disposal system including top of foundation elevation. e. Location of any wells, drains or watercourses within 150 feet of the' disposal system and the relative distances to the disposal system shown. f. Lot number and location. g. Location of water, gas and electric lines and any other subsurface utility lines. h. Distances from the corners of the house to the center of the tank and distribution box. i. The As -built Plan shall be prepared by a Massachusetts Registered Professional Engineer, Massachusetts I Registered Sanitarian or Massachusetts Registered Land Surveyor. SECTION 9.00: GENERAL DESIGN REQUIREMENTS 9.01 Size: The minimum size subsurface sewage disposal system for new construction shall in no case be less than the following: 1. a minimum of a 900 sq.ft. leaching bed 2. a minimum. of two (2) leaching trenches having a minimum area of 500 square• feet- . -. _ 3. a minimum of two (2) shalllow seepage pits at least (13'X 16') 4. For a single family dwelling: A minimum capacity to accommodate an average daily flow .._of 440 Page 22 gallons. a. Lot lines and location of dwellings (including ties to lot lines) on the lot from foundation plan or certified plot plan. b. Dimension of system with ties to lot lines and existing dwelling. C. Location of disposal system with relation to deep holes and percolation tests. d. Elevations of disposal system including top of foundation elevation. e. Location of any wells, drains or watercourses within 150 feet of the' disposal system and the relative distances to the disposal system shown. f. Lot number and location. g. Location of water, gas and electric lines and any other subsurface utility lines. h. Distances from the corners of the house to the center of the tank and distribution box. i. The As -built Plan shall be prepared by a Massachusetts Registered Professional Engineer, Massachusetts Registered Sanitarian or Massachusetts Registered Land Surveyor. SECTION 9.00: GENERAL DESIGN REQUIREMENTS 9.01 Size: The minimum size subsurface sewage disposal system for new construction shall in no case be less than the following: 1. a minimum of a 900 sq.ft. leaching bed 2. a minimum; of two (2) leaching trenches having a minimum area of 500 square -feet.- 3. a minimum of two (2) shalllow seepage pits at least (13'X 16') 4. For a single family dwelling: A minimum capacity to accommodate an average daily flow ..-of 440 gallons. Page 22 a. Lot lines and location of dwellings (including ties to lot lines) on the lot from foundation plan or certified plot plan. b. Dimension of system with ties to lot lines and existing dwelling. C. Location of disposal system with relation to deep holes and percolation tests. d. Elevations of disposal system including top of foundation elevation. e. Location of any wells, drains or watercourses within 150 feet of the' disposal system and the relative distances to the disposal system shown. f. Lot number and location. g. Location of water, gas and electric lines and any other subsurface utility lines. h. Distances from the corners of the house to the center of the tank and distribution box. i. The As -built Plan shall be prepared by a Massachusetts Registered Professional Engineer, Massachusetts Registered Sanitarian or Massachusetts Registered Land Surveyor. SECTION 9.00: GENERAL DESIGN REQUIREMENTS 9.01 Size: The minimum size subsurface sewage disposal system for new construction shall in no case be less than the following: 1. a minimum of a.900 sg.ft. leaching bed 2. a minimum, of two (2) leaching trenches having a minimum area of 500 square, -feet---... _ 3. a minimum of two (2) shalllow seepage pits at least (13'X 16') 4. For a single family dwelling: A minimum capacity to accommodate an average daily flow ..-of 440 Page 22 gallons. TOWN 4F NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health Director September 6, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Lot 11 Pheasant Brook Road Dear Mr. Watsky: � tipRTF/ q 9SSACHUs��ay Telephone (978) 688-9540 FAX (978) 688-9542 This letter comes in response to your letter of July 31, 2001 requesting that the Board of Health meet with you to discuss this lot. This is best done at a regular monthly meeting of the Board. At their most recent meeting of August 23, 2001, however, after the Board reviewed your correspondence, they voted unanimously under the North Andover Regulation Regarding Repetitive Applications (See attached.) to NOT hear this case again. If your client can meet the three conditions required in the Repetitive Applications regulation, then please submit this information along with a request to be placed on the next agenda and it shall be scheduled. . Please do not hesitate to call me at 978-688-9540 should you have any questions. Sincerely, Sandra Starr, R.S., C.H.O. Public Health Director Cc: BOH R. Couillard Town Manager Christiansen & Sergi File ` MATTHEW WATSKY ATTORNEY AT LAW East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Tel. (781) 329-5009 (y 31, 2001 6615/3 North Andover Board of Health it U Municipal Building 120 Main Street North Andover, MA 01845 Re: Lot 11, Evergreen Estates Dear Members of the Board: Fax (781) 461-9068 This offices now represents Roland Couillard with regard to Lot 11 in Evergreen Estates. I am writing to address the denial by the Board of Mr. Couillard's application for a Disposal Works Construction Permit. By way of background, it is my understanding that Mr. Couillard purchased this lot, along with several other Lots in this subdivision, as fully approved building lots. It had, at that time, an approved permit for construction of a septic system. During construction, your agent has asserted that she observed conditions that were inconsistent with the approved plans, and stopped construction. Subsequent efforts to redesign the system have been rejected by your Board, or opposed by your agent. As the attached letter from Christiansen & Sergi, Inc. explains, the basis for the Board's denial and your agent's opposition to the permit are not consistent with the Title 5 standards. More particularly, the opposition to the system because it is proposed over and within the area where soils have been disturbed during test pits is particularly troubling. DEP's regulations require systems to be constructed in areas where successful test pits have been performed. It is impossible to locate and construct a system outside of disturbed areas, because it must a located where acceptable soils have been proven to be located with test pits. While the Board has the authority to impose more stringent standards than DEP, it may not impose standards that conflict with the state standard. To the effect that your Board interprets its local rules to prohibit one from designing a system in a manner that DEP's Title 5 requires, your rules are not enforceable. MATTHEW WATSKY ATTORNEY AT LAW East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Tel. (781) 329-5009 July 31, 2001 North Andover Board of Health Municipal Building 120 Main Street North Andover, MA 01845 Re: Lot 11, Evergreen Estates Dear Members of the Board: Fax (781) 461-9068 This offices now represents Roland Couillard with regard to Lot 11 in Evergreen Estates. I am writing to address the denial by the Board of Mr. Couillard's application for a Disposal Works Construction Permit. By way of background, it is my understanding that Mr. Couillard purchased this lot, along with several other Lots in this subdivision, as fully approved building lots. It had, at that time, an approved permit for construction of a septic system. During construction, your agent has asserted that she observed conditions that were inconsistent with the approved plans, and stopped construction. Subsequent efforts to redesign the system have been rejected by your Board, or opposed by your agent. As the attached letter from Christiansen & Sergi, Inc. explains, the basis for the Board's denial and your agent's opposition to the permit are not consistent with the Title 5 standards. More particularly, the opposition to the system because it is proposed over and within the area where soils have been disturbed during test pits is particularly troubling. DEP's regulations require systems to be constructed in areas where successful test pits have been performed. It is impossible to locate and construct a system outside of disturbed areas, because it must a located where acceptable soils have been proven to be located with test pits. While the Board has the authority to impose more stringent standards than DEP, it may not impose standards that conflict with the state standard. To the effect that your Board interprets its local rules to prohibit one from designing a system in a manner that DEP's Title 5 requires, your rules are not enforceable. el Mr. Couillard, as the purchaser of the lot with an very reasonable investment backed expectation that he would be able to build on it, would'be entitled to recover from the Town the value of the lot if he is unable to secure a permit to build. I request the opportunity to meet with the Board at its earliest convenience to discuss mediating and resolving this matter by agreement. As a step in the direction of compromise, Mr. Couillard is prepared to offer a design that, while using the same areas that previously had valid percolation tests; would include a smaller house, with fewer bedrooms, than the originally approved design. I suggest the design also include use of a FAST System, to dramatically reduce the nitrogen loading of the system. I look forward to meeting with you to discuss this in full at your earliest convenience. This is, in my view, a case that is most appropriately resolved through agreement. cc: Mr. Couillard ,Sincerely, Matthew W 05/29/2001 23:52 6034743642 COUILLARD PAGE 02 Gkht bi;G May -30-0 ,11 46 °r -on 978S72396ei6034745642 I -age Ii Z CHRISTIANSEN & SERG1, INC. PROFESSIONAL ENGINEERS AND LANO SURVEYORS ' SUMMER STRETT MA'IERML. MASSACm()SETTS 01839-b318 (978).373-0310 F4 (978) 372•?95G May 21, 2001 _Ar. Roland Couillard 2 Lawrence Street Se®brook N.H. 03874 Dear W. Couillard: I have reviewed the notes of the North Andover Board of Health meeting of De,, 14: 2000 and find errors of fact in the summary. Items in the notes that are wrong or misleading are as follows: 1) "Undisturbed soil". All systems have to be built over disturbed soil because thi , -systems have to be built over the deep test holes and the percolation test holes. I'; asked Claire Holland of the DEP about this and site stated that i ndee4 the tort holes are disturbed areas and during construction of the septic system thm areas:; should be re -excavated and all of the disturbed soil removed and the hole tilled 11 with sand. It is therefore impossible by DEP's own interpretation to build a ayste over undisturbed soil. The design of 12/05/00 submitted to the Board of Health for review complies wit this interpretation of undisturbed soil. Prc6ous excavaiiona petformed in the 6ystern area need to be removed and filled with sand. 2) There was suffident soil under the system as shown by the orlgkud tests in th*' area. 3) The site is not all rock. Test pits 11-3, 11-4 and 11-5 were exeevated to depth -1 of 76-84a, .'i 4) The owners did not blast under the area of'the system proposed in the 12/05/00! dcsigu. ` �.I 5)1t was incorrectly stated that a vernal pool has a 100 -foot buffer. Under the Wetlands Protection Art a vernal pool does not have a buffer zone. � i a When the lot was originally developed there weren't any vernal pools certified ad'! the property. The wetlands line shown on the plan was approved by the North Andover Conservation Commission as a Bordering vegetated wetlands. After the lots were createol by the subdivision approval process, the Conservation Commission askod the owner if they could allow one of the inexperienced conservation agents practice identifying vernal "i 05/29/2001 23:52 6034743642 COUILLARD Sent b_i:a May -30-a1 11146 fron 976372Z960i6030743642 �I pools on the properly, The owner was assured by the Commission that the exercise would not in any way limit their development of the lot. The incomplete information collected by the agent was sent to the State without the clients' permission and the vernal pool wast'I certified, This certification as well as the local septic system regulations severely limited ?� Me area in which a septic system covid be built, i Title 5 allows septic systems to be built within 50 feet of a wetland. Additionally a system can be built within 50 feet of a vernal pool if the applicant can ,allow that the system is hydraulically downgradient of the system. This was done on lot 13 in this subdivision and a system was built within 75 feet of the vernal pool i Vests should be allowed within 100 feet orthe wetlands to determine if a system can be built. Very truly your P ip Christiansen `•i PAGE 03 Dago 2� 2 r4 MATTHEW WATSKY ATTORNEY AT LAW East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Tel. (781) 329-5009 October 11, 2001 North Andover Board of Health Municipal Building 120 Main Street North Andover, MA 01845 Re: Lot 11, Evergreen Estates Dear Ms. Starr: 3C?iRL �E F�FFaJH QLD' 16 2G01 Fax (781) 461-9068 Your letter of September 6, 2001 indicates the North Andover Board of Health ("Board"), without any notice to this office or any opportunity to be heard, considered and rejected my request to come before the Board. You have indicated this decision was made pursuant to the North Andover Regulation Regarding Repetitive Applications This action is similar to the Board's rejection; without any hearing or action on the application filed in December, 2000. In both instances; the Board has violated the requirements of the Open Meeting Law, G.L. c. 39, §23A, under which a party is entitled to reasonable notice and an opportunity to be heard. The Board's summary rejection without a hearing of the December 2000 application for a two bedroom system, and this most recent rejection of our request to appear is simply "stonewalling" and obstructionism, behavior by a public agency that will not be viewed favorably by a Court. Further, my letter of July 31, 2001 did not constitute a repetitive application, and in no way could be governed by the Board's rule on repetitive applications. I sought then, and repeat that request now, an opportunity'to come before the Board to discuss this matter. It is entirely inappropriate for a public board or agency to obstruct review of matters that are properly before it by denial of the right to be heard. In addition, given the Board's obstructionist actions and, in my view, inappropriate and abusive use of its rule, I have conducted a public record review at DEP of the Board's rules and regulations. Under G.L. c. 111, §31, any Board of Health Regulation which relates to the subsurface disposal of sanitary sewage must 4e`adopted according to several specific standards and procedures. To be valid, an attested copy of each rule must be filed with the'DEP. I have enclosed the complete list of North Andover Board'of Health Regulations on file in the DEP Central Register. As you can see from that register, the - -. .,- -.'- --.- , r-.- -., , - -� .- -�- - - - -._._w_ . -. -. - -- --v---- - - - , - - - !- - - - -_ - - - - -- -- --- - - - -. Board's most recent amendment was filed on February 3, 1998, which was a 28 page set of revised regulations, dated June 1997. The Board's Regulation Regarding Repetitive Applications states that it was adopted at a meeting held on April 27, 2000. As it has never been filed with the DEP Central Register, the Board has failed to comply with the mandatory statutory requirements for adoption of such a rule, and the rule is invalid and without effect. G.L. c. 111, §3 also requires a BOH, prior to adoption of any regulation that differs from Title 5, to state with specificity the local conditions which exist that justify exceeding the minimum requirement set by Title 5. The Board has failed to file any such explanation with the DEP. Please consider this letter a Public Records Request, for which a response is required by law within 10 days of receipt, to provide copies of any and all documents, memos, letters, meeting minutes or other documentation prepared by or for the Board, and relied on by the Board in support of each and every one of its regulations that exceed the state standards. For example, the Board's regulations adopted in June 1997 provide, in Section 7.05, for the expiration of a deep hole test two years after the completion of the test. Please separate from the other documents and identify the document that demonstrates what specific local conditions the Board determined exist in North Andover that are not present throughout the Commonwealth of Massachusetts that justify placing an expiration time on deep hole tests. In addition, as explained by Mr. Christiansen in his letter of May 21, 2001 (attached to my letter of July 31, 2001) the DEP not only allows but requires leaching facilities to be built over the disturbed areas of deep hole and perc test sites, with the disturbed soils being removed and replaced with sand, as needed. You have previously indicated that the Board's rule prohibits use of such disturbed areas. I explained in my letter of July 31, 2001 that local rules can legally be more stringent than, but may not conflict with the state law, and that your Board's interpretation was therefore illegal. As part of this public records request, however, please separate the documents that supports the Board's conclusion that local conditions are present in the Town that differ from the rest of the Commonwealth and that justify prohibiting use of perc and deep hole sites as the locus for a leaching facility. As I previously noted, this is a case that is most appropriately resolved through agreement. If necessary, however, we will proceed with whatever measures are necessary to result in a proper application of the Title 5 rules and the requirements of G.L. c. 111. Sinerely, Zatthew Watsky cc: Mr. Couillard ) 09 : 40 P. 00% North Andover, Massachusetts (E3sax County) DEPARTMENT OF ENVI1OkMENTAL PROTECTION (Formerly "DEQE") CENTRAL REGISTER OF MASSACHUSETTS BOARD OF HEALTH REGULATIONS AND SANITARY CODES AS OF PRBRUARY 10, 1999. Compiled by Landlaw, Inc. 374 Boylston Street Brookline, MA 02146 (617) 277-4455 (9300) 637-6330 # of Filing Date Pact®e Description 02/03/98 28 Minimum Requirements for the subsurface Disposal of Sanitary Sewage, Adopted September 27, 1984, Last Revised June 1997. ---- 06/26/96 1 Letter to DEP/DWPC from the Board of Health representing that the Central Register accurately reflects current Board of Health regulations. 02/16/96 7 Regulations for Use of Recombinant DNA MniAniiiA Technology, Adopted November 30, 1995. 10/16/95 11 Regulations Affecting Smoking in Certain Places and Youth Aceeon to Tobacco, Etfcctive September 1, 1995. {DUPLICATE FILING} 09/18/95 11 Regulations Affecting Smoking in certain Places and Youth Access to Tobacco, Effective September a., 1995. 12/12/94 4 Regulations for the Removal, Transportation, and Storage of Garbage, Rubbish, Offal, or other Offensive Material, Adopted February 10, 1994. (Duplicate Filing) 08/02/94 1 Letter to DEP/DWPC from the Board of Health representing that the Central Register accurately rcflcctc current Board of Health regulations. 04/21/94 1 Letter to DEP/DWPC from the Board of Health representing that the central Register accurately reflects current Board of Health regulations. 04/08/94 2 Regulations for Sewer Tie -In, Adopted March 17, 1994. 04/08/94 4 Regulations for the Removal, Transportation, and Storage of Garbage, Rubbish, Offal, or other Offensive Material, Adopted February 10, 1994. 12/14/93 1 Letter from the Board of Health to DEP/DWPC representing that the Central Register accurately reflects current Board of Hcalth regulation3. 07/13/93 1 Watershed Septic System Pumping Regulation, Adopted June 24, 1993. Page 1 --—� Compiled by Landlaw, Inc. 374 Boylston Street Brookline, MA 02146 (617) 277-4455 (9300) 637-6330 09;40 lover, Xassachusetts (Essex County) DEPARTMENT OF ENVIRONMENTAL PROTECTION (Formerly "DEQE") CENTRAL REGISTER OF MASSACHUSETTS BOARD OF HEALTH REGULATIONS AND SANITARY CODES AS OF FEBRUARY 10, 1998. # of Filing Date Pages Deacription P. 004 1-11 03/1.9/93 3 Town of North Andover, Board of Health well Regulations, Published February 9, 1984, Revised September 1990. 10/19/92 1 Letter from the Board of Health to DEP/DWPC representing that the Central Register accurately reflects current Board of Health regulations. 05/06/92 1 Letter from the Board of Health to DEP/DWPC representing that the Central Register accurately reflects current Board of Health regulations. 12/30/91 1 Latt4ar from tha Board of Health to DEP/DWPC representing that the Central Register accurately reflects current Board of Health regulations. 07/12/91 1 DuinpsLer Regulations, Effective January 1, 1991. 07/08/91 1 Letter from the Board of Health to DEP/DWPC representing that the Central Register accurately reflects current Board of Health regulations. 05/29/91 5 Rules and Regulations Governing the Practice of Massage and the Conduct of Establishments for the Giving of Massage, Vapor, Pool, shower, or other Baths, in the Town of North Andover, Adopted January 25, 1990. 05/02/91 5 Suntanning Establishment Regulation, Adopted April 18, 1991. 05/02/91 32 Minimum RequireiaernLS fu..- Lhe subsurface Disposal of Sani_tary Sewage, Adopted September 27, 1984 and Last Revised March 21, 1991. 09/26/89 1 Letter from the Board of Health to DEP/DWPC representing that the Central Register accurately reflects current Board of Health regulations. 05/22/89 1 Letter from the Board of Health to DEQE/DWPC representing that the Central Register accurately reflects current Board of Health rogulationo. 11/08/88 1 Amendment relating to uses in watershed, Filed with the Town Clerk on May 23, 1988. 11/00/06 34 Minimum Requirements for the Subsurface Dispuual Page 2 Compiled by Latndlaw, Inc. 374 Boylston Street 2 G Brookline, ISA 021.46 �a . L`�' (617' 277-4485 (800) 637-6330 TOWN OFNORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health Director October 19, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Public Records Request Dear Mr. Watsky: ,aORTy OofL o 4 q+ 9 �QSSACHUS RRA Telephone (978) 688-9540 FAX (978) 688-9542 I am in receipt of your request of October 11, 2001 for any and all records and meeting minutes related to the Board of Health's adoption of all regulations exceeding state standards. Please feel free to make an appointment with us so that you can come in and we can show you our files containing the information you are requesting. We will provide you with access to our files and a location to remove the copies of the documents from our files you wish to copy. We will also allow you to utilize our copy machine and will charge you 20 cents for each copy you -vvish to make. Please let me know a date and time that is convenient for you. This department has fulfilled its obligation to you pursuant to M.G.L. c. 66 Section 10 and 950 CMR 32.00. Sincerely, Sandra Starr, Public Health Director Cc: BOH Mark Rees, Town Manager Thomas Urbelis, Town Counsel File TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health. Director October 30, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Lot 11 Pheasant Brook Road Dear Mr. Watsky: t%0RTsj O wt�e° ;E'9•(•O O � 76 4g L rt « � oy �SSACNusE� Telephone (978) 688-9540 FAX (978) 688-9542 Your recent correspondence with this office was reviewed by the Board of Health. They have agreed to allow you to present your client's position at the next Board meeting on November 15, 2001 at 7:00 P.M. They also suggest that your client submit the most recent plan of the proposed septic system so that it may be reviewed and reported on by the septic consultant prior to the meeting. The fee for review is $160.00. As I understand it Mr. Roland Couillard intends to come to the office on Friday morning, November 2, 2001 to perform a records search. Please call me at 978-688-9540 should you have any questions. Sincerely, Sandra Starr, Public Health Director Cc: BOH R. Couillard Mark Rees, Town Manager Thomas Urbelis, Town Counsel File I i MATTHEW WATSKY ATTORNEY AT LAW East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Tel. (781) 329-5009 July 31, 2001 North Andover Board of Health . Municipal Building 120 Main Street North Andover, MA 01845 Re: Lot 11, Evergreen Estates Dear Members of the Board: Fax (781) 461-9068 This offices now represents Roland Couillard with regard to Lot 11 in Evergreen Estates. I am writing to address the denial by the Board of Mr. Couillard's application for a Disposal Works Construction Permit. By way of background, it is my understanding that Mr. Couillard purchased this lot, along with several other Lots in this subdivision, as fully approved building lots. It had, at that time, an approved permit for construction of a septic system.. During construction, your agent has asserted that she observed conditions that were inconsistent with the approved plans, and stopped construction. Subsequent efforts to redesign the system have been rejected by your Board, or opposed by your agent. As the attached letter from Christiansen & Sergi, Inc. explains, the basis for the Board's denial and your agent's opposition to the permit are not consistent with the Title 5 standards. More particularly, the opposition to the system because it is proposed over and within the area where soils have been disturbed during test pits is particularly troubling. DEP's regulations require systems to be constructed in areas where successful test pits have been performed. It is impossible to locate and construct a system outside of disturbed areas, because it must a located where acceptable soils have been proven to be located with test pits. While the Board has the authority to impose more stringent standards than DEP, it may not impose standards that conflict with the state standard. To the effect that your Board interprets its local rules to prohibit one from designing a system in a manner -that DEP's Title 5 requires, your rules are not enforceable. ` "' `� AUC Mr. Couillard, as the purchaser of the lot with an very reasonable investment backed expectation that he would be able to build on it, would be entitled to recover from the Town the value of the lot if he is unable to secure a permit to build. I request the opportunity to meet with the Board at its earliest convenience to discuss mediating and resolving this matter by agreement. As a step in the direction of compromise, Mr. Couillard is prepared to offer a design that, while using the same areas that previously had valid percolation tests, would include a smaller house, with fewer bedrooms, than the originally approved design. I suggest the design also include use of a FAST System, to dramatically reduce the nitrogen loading of the system. I look forward to meeting with you to discuss this in full at your earliest convenience. This is, in my view, a case that is most appropriately resolved through agreement. Sincerely, , Matthew W cc: Mr. Couillard 05/29/2001 23:52 6034743642 COUILLARD ;+int bi;G May -Z0-0_}_,11. 46 prom 97s172396e' 6034745642 CHRISTIANSEN & SERGI, INC. PROFESSIONAL 0WINEERS AND tANO SURVEYORS 160 SUMMER STRETT NAVERPOL' , MASSACmUSETtS 01$39-b318 (978) 373-0310 Fr May 21, 2001 Roland Couillard 2 Lawrence Street Seabrook N.H. 03874 Dear W. Couillard: I :have revio ed the notes oftlie North Andover Board of Health meeting of Det,; 14.2000 and find errors of fact in the suminaxy. Items in the notes that are wrong or misleading are as follows: I) "Undisturbed soil". All systems have to be built over disturbed soil because 1W, -systems have to be built over tine deep test holes and the percolation test holes. l' s asked Claire Holland of the DEP about this and she stated that indee4 the test holes are disturbed areas and during construction of the septic system theme area$ i should be re -excavated and all of the disturbed soil removed and the hole filled with send. 1t is therefore impossible by DEP's own interpretation to build a ayst4 over undisturbed soil. The design of 12/05/00 submitted to the Board of Health for review complies wit this interpretation of undisturbed soil. Previous excavations performed in the 6ystem area need to be removed and filled with salad. i i 2) ]'here was sufficient soil under the aystexn as shown; by the original tests in th* area. i 3) The site is not all rock. Test pits 11-3, 11-4 and 11-5 were excavated to depth of 76-84, j 4) The owners did not blast under the area of the system proposed in the dcsi4gtt. 5) It was incorrectly stated that a vernal pool has a 100-16ot buffer. Under the Wetlands Protection Act a vernal pool does not have a buffer zone. When the lot was originally developed there weren't any vernal pools certified otu the property. The wetlands line shown on the plan was approved by the North Andover Conservation Comtni3wion as a Bordering vegetated wetlands. After the lots -were createf by the subdivision approval process, the Conservation Commission askod the owner if they could alloy one of'the inexperienced conservation agent9 practice identifying vernal PAGE 02 Page li Z (978) 372.3956 05/29/2001 23:52 6034743642 COUILLARD Sent b�;(3 May-30-a1 11 4E fron 97s372Z960*6034743642 +I I pools on the property. The owner was assured by the Commission that the exercise woul� not in any way limit their development of the lot. The incomplete information collected by the agent was sent to the State without the clients' permission and the vernal pool Waal i certified, This certification as well as the local septic system regulations severely limited ;I the mo%-in which a septic system could be built. i Title 5 allows septic systems to be built within 50 feet of a wetland. Additionally a system can be built within 50 feet of a vernal pool if the applicant can »how that the system is hydraulically downgradient of the system. This was dome on lot 13 in this subdivision and a system was built within 75 feet of the vernal pool i Tests should be allowed within 100 feet of the wetlands to determine if a system can be built. I Very truly your 4Piphristiansen 'i PAGE 03 •age 21 2 �Eo , Applican Site Location Engineers -J, ---D Town of North Andover, Massachusetts ROARD OF HFAI TH APPLICATION FOR SITE TESTING/INSPECTION Test/Inspection Date and Time c(', —D -EC yl Form No. 1 Rim CHAIRMAN, BOARD OF HEALTH Fee�Test No. S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. Town of North Andover, Massachusetts Form No. 1 NORTH BOARD OF HEALTH Nz APPLICATION FOR SITE TESTING/INSPECTION \RATED PPP`'Cy _--r-,7 Applicant %JZJZ z L�zk,4" 0� .,Site Location L/,L) 7 if �i?c�50 P-1 EngineerO t/Inspection Date and Time Fee CHAIRMAN, BOARD OF HEALTH Test No. 16 S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. .1 - Ffo ICA Coukt[(OwA 2 Ccduc�lS'��l Ua�i�CeS *v-- loov ai4,re-d BOARD OF NEA:LCti rAPR 12002 CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 April 12, 2002 Roland Couillard 2 Lawrence Street Seabrook NH Re Lot 11 Pheasant Brook Road Dear Mr. Couillard: (978) 373-0310 FAX: (978) 372-3960 C+ffrVOF��" -..4 P 0ARD R°HANG(: OF yFAL�;H In response to Sandra Starr's letter of February 27, 2002 I have made revisions to the septic system design for lot 11. I have listed below Ms. Starr's comments in italics and my responses in normal font. Review comments and responses 1. Beginning trench elevation missing. The elevation has been added to plan. 2. Identify proposed water service as either pressure or suction. A note has been added to the plan to designate the water service as a pressure service. In twenty years of doing designs in North Andover I have never had to label a Town water service as pressure. 3. Provide lengths of pipes in profile of system. The length of the trench has been added to the profile. 4. Provide a list of local variances needed for approval. A variance list has been added to the plan. 5. Provide beginning of trench elevation. See comment 1 above. 6. Before final plan approval it will be necessary to provide proof that four feet of natural pervious material exists beneath the entire leach area and the reserve as required by Title 5 and local regulations. Testing shows 4 feet of naturally occurring soil in system area. The stump dump found during the last series of tests can be removed and the area filled with sand. 7. A note in profile -view is required stating that the first two feet out of the D -box must be level. The note has been added. 8. Identify and label all wetlands within 200' of the site. A portion of the wetlands delineation plan performed for the definitive subdivision plan has been included. 9. Note that 500 square feet is the minimum area allowed for leaching area. NA 9.01(2) A variance has been requested for this regulation. 1 0. On plan view add 5' limit around primary and reserve area for removal of unsuitable soil. 255(5) This information was on the profile view. It has been added to the plan view. 11. Missing spot grade at tank showing 2* slope. 240(1 0) Spot elevations have been added above the septic tank and at the house foundation and reflect the grades on the profile. The grade from the house to the end of the system at the beginning of the 3 to 1 slope is 3.5%. 12. Revise grading for breakout slope requirements and include reserve area grading since activity is not located within the lot. Reserve area grading has been added to the plan. I have included six copies of the plan for you and remind you that a resubmittal fee to the Board of $60 is required. Very truly yours Philip Christiansen \ BOARD OF HEALTH NORTH ANDOVER, MA 01845 978-688-9540 APPLICATION FOR SOIL TESTS DATE: ----fit' D— MAP & PARCEL: LOCATION OF SOIL TESTS: OWNER: DC �L �' TEL. NO.: 1pDS ' ADDRESS: Lo to I ENGINEER:—Ea/ c�i,�dE'S`U TEL. NO.: CERTIFIED SOIL EVALUATOR: C-'V"t4 p Intended Use of Land: Residential Subdivision --:�::gleFamily Home Commercial Is This: Repair Testing: Undeveloped lot testing: In the Lake Cochichewick Watershed? Yes No THE FOLLOWING MUST BE INCLUDED WITH THIS FORM 1. Proof of land ownership (Tax bill, or letter from owner permitting test) 2. Plot plan & Location of Testing 3. Fee of $425.00 per lot for new construction. This covers the minimum two deep holes and two percolation tests required for each disposal area. Fee of $225.00 per lot for =airs or grades. (If time is not critical, fee for repairs is $75.00) GENERAL INFORMATION 1. Only Certified Soil Evaluators may perform deep hole inspections. 2. Only Mass. Registered Sanitarians and Professional Engineers can design septic plans. 3. At least two deep holes and two percolation tests are required for each septic system disposal area. 4. Repairs require at least two deep holes and at least one percolation test, at the discretion of the BOH representative. 5. Full payment will be required for all additional tests within two weeks of testing. 6. Within 45 days of testing, a scaled plan (no smaller than 1 "-100') shall be submitted to the Board of Health showing the location of all tests (including aborted tests). 7. Within 60 days of testing soil evaluation forms shall be submitted. Please Do Not Write Below This Line N.A. Conservation Commission Approval: Date Received: Check Amount: Check Date: 9 TOWN OF NORTH ANDOVER -� BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 SANDRA STARR, R.S., C.H.O. Health Director October 27, 2000 Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Dear Mr. Christiansen: � HOR7I� A o s�..o ,•. do i i + �4SSACMUS�~� Telephone (978) 688-9540 FAX (978) 688-9542 On October 26, 2000 plans for a proposed septic system for a new dwelling at Lot 11 Pheasant Brook were submitted to this office. The design is for a two-bedroom house, and the single trench is sited directly over TP 4-00, an area of buried stumps and fractured rock. Because of the previous reports from North Andover's engineering consultant and because of the Soil Suitability Assessment for On-site Sewage Disposal done on May 17, 2000 by staff of your office, the entire package, including check is being returned to your client. Included with the submittal package are the following: 1. Site Evaluation forms stating that four feet of naturally occurring pervious material does not exist in all areas proposed for the soil absorption system. 2. Copies of previous reports on this lot submitted by the Town's engineering consultant. 3. A copy of section 15.240(1) of 310 CMR 15.000 Title 5 that mandates at least a four foot depth of naturally occurring soil below the absorption area. 4. A copy of section 15.415(1) of 310 CMR 15.000 Title 5 that prohibits a variance from the requirement of four feet of naturally occurring pervious material for new construction. 5. A copy of section 9.01(2) of the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage stating that there must be a minimum of two trenches for new construction. 6. A copy of section 9.01(4) of the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage stating that the minimum capacity for a septic system must be able to accommodate an average daily flow of 440 gallons. These reports and cited regulations, plus the limited distance to wetlands, in this case, a vernal pool, indicate that Lot 11 Pheasant Brook, a.k.a. as Evergreen Estates, is not a suitable site for f the location of an individual septic system. If you have any concerns, please call this office at 978-688-9540. Sincerely, �9au�z. N2,u; Sandra Starr, R.S., C.H.O. Health Director Cc: D.E.C.M. Essex, Inc. BOH DEP — D. Ferris W. Scott H. Griffin B. LeGrasse File MP�� w ��:� � ��� Pneumococc Medicare Health Plan Reimb,I Adult Vaccine AdministI Pneumococcal The doctor or clinic may use this form for the written c vaccine, or they may record it on your medical record. when the vaccine was given, the address where the va, that made the vaccine, the vaccine's special lot numbe the vaccine, and the document number. Information about the person to receive vaccine Name: (Last, First, MI) Street address: City: Phone: Check the source of your healthcare from the FnI Town of North Andover, Massachusetts BOARD OF HEALTH ., ts.. APPLICATION FOR SITE TESTING/INSPECTION Form No. 1 Applicant LAtC1> J/. NAME ADDRESS TELEPHONE Site Location ZO Engineer efi//Z/c57-11W -56 C x<S�c1 NAME ADDRESS TELEPHONE Test/I nspection Date and Time /' ` /l 1 7, 2606 16,"3 CHAIRMAN, BOARD OF HEALTH Feeo� Test No. 9� S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. Town of North Andover, Massachusetts OR11, - BOARD OF HEALTH ED °�. 1pA APPLICATION FOR SITE TESTING/INSPECTION Form No. 1 Applicant ;.''rte/'i r`5.>�i, �:,`r / Gil} _ /�.� 1- eG NAME ADDRESS TELEPHONE Site Location e2Z Engineer NAME ADDRESS TELEPHONE Test/I nspection Date and Time Fee / r� - /1 /-2Y / % Z66 C-) o �5 G x CHAIRMAN, BOARD OF HEALTH Test No. - a S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. May -18-00 10:59A Paul 0. Tut -bide, PE/PLS 978-465-0313 P.01 Facsimile Cover Sheet MAY18 To: SANDRA STARR Company: NORTH ANDOVER BOH Phone: 978-688-9540 Fax: 978-688-9542 From: Carlton A. Brown Company: Port Engineering Associates, Inc. Phone: (978) 465-8594 Fax: (978) 465-0313 Date May 18, 2000 Pages Including This Cover Page: Comments: Sandy, Enclosed are the results of the testing done on Lot 11 Pheasant Brook Road, and a copy of my report. Thanks, Cariton May -18-00 10:59A Paul D. Turbide, PE/PLS iy { May 18, 2000 NOR' it I ENGINEERING Civil Engineers & Land Surveyors One. Hurris Street Newburyport, MA U3950 (978)465-8594 Sandra Starr North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 978-465-0313 P.02 RE: Soil testing results for Lot I I Pheasant Brook Road Dear Sandra, In my report to the Board of Health dated June 24, 1999 I reviewed a design plan for the above-mentioned project and made the determination that the deep observation holes had expired. On May 17, 2000 new testing was performed in the area of the proposed leaching trenches as shown on the said design plans. Based on these new tests, I find that there does NOT exist a four foot layer of naturally occurring pervious material under the proposed leaching bed as is required in 310 CMR 15.240(1). On May 17, 2000, Carlton Brown of Port Engineering Associates, Inc. (agent for the Town), Sandra Starr (Board of Health Administrator), Phil Christiansen and Dan O'Connell of Christiansen and Sergi (design engineers for the owner) and Roland Couillard (lot owner) met at the site. A Cat 3151, excavator supplied by R.J. Golen was used to dig the test pits. The locations of the ends of the two proposed leaching trenches were marked on the ground by bean poles as set by Christiansen and Sergi. Four deep observation pits were dug on the site, one under the easterly proposed trench, one under the westerly proposed trench, one to the south of the westerly trench and one to the west of the westerly trench. The pit dug under the easterly proposed trench generally had zero to one foot of soil over fractured bedrock. The excavator was able to dig down in the fractured bedrock to a total depth of 7'. The test pit was about 35 feet long and revealed fractured bedrock throughout except for a 9 -foot wide section of the westerly sidewall of this pit that had soil that was logged as TP 1-00. This area had 28 inches of A and Bw soiI horizons, and a C -horizon of very gravelly sandy loam from 28 inches to 7 feet. It appeared that this C -horizon was undisturbed even though its location was close to a former Test Pit. (This C -horizon may have extended below 7 feet, however the sides of the trench continually caved in as it was attempted to dig deeper.) May -18-00 11:00A Paul D. Turbide, PE/PLS 1 978-465-0313 P.03 A 15 -Foot by 15 -foot test pit was dug under the westerly proposed trench. Stumps, brush and other fill were uncovered down to bedrock at around 7 to 8 feet. The southerly test pit consisted of fractured rock down to 8 feet. The test pit dug to the west of the westerly proposed trench was located between about 12 to 32 feet from the westerly boundary line and was about 4 feet deep to smooth bedrock. In conclusion, based on the May 17, 2000 testing, it is my opinion that there does NOT exist a four foot layer of naturally occurring pervious material under the proposed leaching bed as is required in 310 CMR 15.240(1). If you have any questions or comments please feet free to contact me. Sincerely, Port Engineering Assoc., Inc. Carlton A, Brown, PEIPLS Pheasantlotl lb_doc °�atiilti�+t=tk - Jp 1 1 lu � lat:rG.r %bob 90-d ETCO-S9tr-8L6 lap�cj-An_L -0 Lied VIO:--T 00-8T-Rvw Client Id: ToNA Project Request Record Town of North Andover Date:2- Card Id: ToNA Client/Company Nam : Board of Health Card;Tvne-Client ;.., CbntacGName: Ms. Sandra:Starr Phone: Title Director Fax: ' _ Address: 27 Chanes Street. Email: ENotes: ;Town:. North Andover j,' State: MA. Zip:Code: 01845 Uther contacts; if, applicable.. i _ En ine nstaller Name ° /fir/ S 7140%/ se s Circ' / Phone: 1 Town: C__ i . State: -45" 4% Zip'Code: G'/ 6- « Proiect: Fax: _ Email: Notes: Project Id: 1770 Project Title: - Town of North Andover, Board of Health (JOB NO) (PROJECT NAME & STREET ADDRESS) Manager: NOW Billing Group:_z Billing Cod4: Fixed Fee, C6ntract4hfm Project: Description foreach billing, group r )78-68'8-9540:=.: i;r '; )78-688-95'42` irr@townofnorthandover com+ •.. iii} rj ; r {' 97�-- 373;- ia. Vit; Project Id: 1770 Project Title: - Town of North Andover, Board of Health (JOB NO) (PROJECT NAME & STREET ADDRESS) Manager: NOW Billing Group:_z Billing Cod4: Fixed Fee, C6ntract4hfm Project: Description foreach billing, group r 'i'13G/ Ap pIi -ant P9 G• "'`7, c�5 SC ?c /f✓�� i;r '; Assessom Man, /46' t3 Lot. Z7,9 Street Type: of service: elle s it 7' ,-Zo v /c iii} rj ; Office/forms/jbrqutona �+a`itatil+k�7�tr.t� ... ,� •y ��r ' J,, � I ,;, r rw .. .� y Rte Y ; t... _; - a^rG7r�.a.�=a: Q, -� - -- ....�y.--�--- --- - -- - - -- - - -- _. � _ . _-. _.... _ a a�:>�, . ob-05-02 11:51A TOWN OF NORTH ANT)OVLR OFIACE OF *1'11F, HE'ALTIT DEPARTMENT CON12MUNITY 1)1,.VF-LoPNtF'.NT AND SERVICES DIVISION - 2 7 C IT A It 1, V' S, 'T' It E 1; T N () It 'L' I I A N D C) N' F. R, Ni n, S A c j4 u s, JC r i, s 0 l 5 8 4 S TO: ( FACSIMILE TRANSMITTAL SHEET D,','l F: FAX NIJMBI-.'R- '1'(:)I'Al. No. Of, VACFS INCILVDING /- cl,7F- 6171- VIJONENUMBF.R: Pl [ON L NL1Kinr-".R: /- ? F - /0 6 9 q 7 KI:;. Y(-)L'k RT--.r-I:RL;N(;L NUMBF.R: Ll un(;iwi- X FOR REIVIHAV 0 11J,kA.SF, (:()SIN Lwr 11 I'Ll-Asr. RF.pj,y El KI.;(.-Y(-,T,r-. P.ol Feb -05-02 11-52A EVERGREEN ESTATES: SUMMARY OF SOIL TESTING J LOT 17 TEST PIT 11-3 DATE:4/6/95 0 - 12" A: FINE SANDY LOAM 12" - 32" BW: FINE SANDY LOAM 32" - 80" C: 2.5Y4/3 FINE SANDY LOAM MASSIVE FRIABLE E.S.H.W.T. @ 36': MOTTLING TEST FLT 1-1-4 DATE:4/7/95 0-b" A 5" - 18" BW: SANDY LOAM 18" - 76" C: 2.5Y5/3 GRAVELLY SANDY LOAM -WITH ANGULAR COBBLE MASSIVE FRIABLE E.S.H.W.T. 0 27": MOTTLING SEEPAGE @ 52" DATE: 4!7/95 0-51 A 5" -2741 BW: SANDY LOAM 27" - 38" BC: SANDY LOAM 38" - 82' C: 2.5Y5/3 SANDY LOAM VERY FIRM - CEMENTED E.S.H.W.T. @ 18": MOTTLING SEEPAGE @ 70" PERC TESTS• N01 YET PERFORMED r �.:...,..: I \mfr . f --o" , Apr-; ^�� P.02 Feb -05-02 11:52A 4N t 14 NI f- .... .- -C . .3 ZkA -OA P.03 AU Fob -05-02111.-52A P.04 EVERGREEN ESTATES: SUMMARY OF SOIL TESTING JEST PIT 11-3 DATE: 4/6/95 0 - 12" A: FINE SANDY LOAM 12" - 32" BW: FINE SANDY LOAM 32" - 80" C: 2.5Y4/3 FINE SANDY LOAM MASSIVE FRIABLE E.S.H.W.T. @ 36": MOTTLING TEST PIT 1 1-4 DATE: 4/7/95. 0 - 5" A 5'" - 18" BW: SANDY LOAM 18" - 76" C: 2.5Y5/3 GRAVELLY SANDY LOAM WITH ANGULAR COBBLE MASSIVE FRIABLE E.S.H.W.T. @ 27": MOTTLING SEEPAGE @ 52" TEST PIT 11 -5 DATE: 4/7/95 0 - '5" A 5" - 27" BW: SANDY LOAM 27" - 38" BC: SANDY LOAM 38" - 82" C: 2.5Y5/3 SANDY LOAM VERY FIRM - CEMENTED E.S.H.W.T. @ 18": MOTTLING PERC TESTS: SEEPAGE @ 70" NOT YET PERFORMED T `/-S e ,w, (21s r µ•'Vi ( / / � � \ \ J 1 1-1 its Lot V ZI0 v4, 01 r ^ ^ il ' ` { i 1 +y' a =�t CY S IngjT y j( Y F t v70 -' . 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F,1Xi "s'`"ar +h La. �' "' r € c., .. Y< .} ,5'rF :t.k^k - «� a>1 "„ 'S-`k� �;Ftlsf • ��•i .'z ,*r�bjr .�.Y"�' v �:.,`r�3�n f �� •...� ��, / .. ."'�., - � y.,y f �.+i�ys* <, - > a � � 'ir rz-: yY'•��+°R=`{. C e'�re ��" ����t s3Y �Y t�� E�� � _ _ " �. - - - a X ® I CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 (978) 373-0310 FAX: (978) 372-3960 June 28, 1999 Ms. Sandra. Starr North Andover Board of Health Office of Community Development 27 Charles St. - North Andover MA 01845 Re: Title 5 review of Lot 11 Pheasant Brook Rd. Dear=Sandy: I have reviewed, and discussed with Al Couillard, Mr. Brown's letter of June 24,1999 concerning the above lot. Al is willing to proceed as outlined in the letter. He will begin by removing the debris from the lot. That work will be followed by digging new test pits on the site, at yours and Mr. Brown's convenience, as required. We do not have spot elevations on the lot. The topography for the property was done by aerial survey. Because of that we'cannot provide the spot elevations Mr. Brown has requested., We can however do a topographic survey of the lot and compare the results to the: original topography. This comparison in conjunction with a site inspection and soil examination will tell us what alterations have been done to the lot. I await your decision concerning the scheduling of test pits and the approach to determining whether the lot has been altered. V P 1p Christiansen c.c. Carlton Brown Al Couillard OF NORTH ANDOVal ORD OFI �-�_TH JUL - 9 1999 'I A Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 June 28, 1999 Al Couillard DECM Essex, Inc. 660 Rogers Street Lowell, MA 01852 Re_ Lot 1_i_P_heasant.Brvokr Dear Mr. Couillard: Fax(978)688-9542 Enclosed is a copy of the review of the proposed septic plan for Lot 11 Pheasant Brook performed by Port Engineering. If you choose to proceed, please call me prior to any removal of debris or other alteration to the lot. It will be necessary for Health Department staff to be present on site during any work periods. Please feel free to call the office at 978-688-9540 with any questions you may have. Sincerely, - Sandra Starr, R.S. Health Administrator cc: P. Christiansen W. Scott BOH C. Brown D. Ferris File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 O A Fax(978)688-9542 Enclosed is a copy of the review of the proposed septic plan for Lot 11 Pheasant Brook performed by Port Engineering. If you choose to proceed, please call me prior to any removal of debris or other alteration to the lot. It will be necessary for Health Department staff to be present on site during any work periods. Please feel free to call the office at 978-688-9540 with any questions you may have. Sincerely, - Sandra Starr, R.S. Health Administrator cc: P. Christiansen W. Scott BOH C. Brown D. Ferris File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Jun -25-99 09:34A Paul D. Tuvbide, PE/PLS 508-465-0313 P.02 June 24, 1999 Sandra Starr North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 RE: Title V review for Lot 1 I Pheasant Brook Road Dear Sandra, Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site. The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. o It is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7.05: "The results of the Deep Observation Holes shall expire two years from the date conducted unless the Board of Health or its agent determines that the existing soil logs are sufficiently comprehensive so as to not require additional testing, and the site has not been altered...". As agent for the town, my presumption is that the site may have been altered and therefore the said Holes have expired. On June 24, 1999 I made a site inspection of the said lot (Sandra Starr and Gayton Osgood of the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited there from an offsite source. I also observed substantial quantities of sharp angular stones, much like what one would find after blasting bedrock. Sandra Starr had in the Town's folder for this site several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24, 1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the lot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1997 blasting date. My interpretation of the photographs was that before the blasting date the area of the lot over which the leaching bed is proposed had been grubbed and the topsoil removed, leaving what looked like the B horizon with stones and boulders interspersed. The photos atter the blasting date show large POR quantities of sharp angular cobble sized rock with very little soil showing through in the same leaching bed area. If blasting did take place on the lot, and if the blasting ENGINEERING took place in the leaching bed area, and if the blasted rock actually mixed with the soil of the receiving layer as substantially as I interpret the photos taken after the blasting date, then I would presume that the lot has been altered and therefore the Civil E ngineerH & said Holes have expired. The only way to overcome my presumption that the lot Land Surveyors has been altered would be to have the owner's engineer perform the following tasks: One Harris strept 1. If spot elevations were taken on the lot before any construction or alteration, newhuryport, nta UJ95U then those spot elevations should be staked on the ground with a bean pole (r, x) 455-8594 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration_ This would show whether fill has been placed on the lot, or existing soil has been removed. Jury -25-99 09:34A Paul D. Turbide, PE/PLS 508-465-0313 P.03 'a II 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturalfy occurring pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but ". -additional testing may be required if, in the opinion of ... the approving authority, additional testing is necessary to properly assess site conditions within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CMR 15.000.") 3. The debris being stored at the site should be removed before the above two tasks are performed. Other concerns are as follows: ❑ A 6" stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) ❑ Names of abutters must be on plan. NA 8.02J ❑ A 24" riser/manhole must be constructed over one septic tack access port to within 6" of final grade. 310 CMR 15.228(2) ❑ The toe of the slope must stop within 5 feet from the property line or a swale must be installed. The fill appears to run right up to the stone wall that makes up the rear property line. 310 CMR 255(2). ❑ The ends of the leach lines must be capped. 310 CMR 251(9) ❑ The cross section only shows one trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required dimensioning to build the system. If you have any questions or comments please feel free to contact me. Sincerely, Port Engineering Assoc. Inc. Carlton A. Brown, PE/PLS Pheasandot 11. doc JA=25-99 09:34A Paul D. Tui -bide, PE/PLS 508-465-0313 P.02 j June 24, 1999 Sandra Starr North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 RE: Title V review for Lot 1 I Pheasant Brook Road Dear Sandra, Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site. The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. u It is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7.05: "The results of the Deep Observation Holes shall expire two years from the date conducted unless the Board of Health or its agent determines that the existing soil logs are sufficiently comprehensive so as to not require additional testing, and the site has not been altered...". As agent for the town, my presumption is that the site may have been altered and therefore the said Holes have expired. On June 24, 1999 I made a site inspection of the said lot (Sandra Starr and Gayton Osgood of the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited there from an offsite source. I also observed substantial quantities of sharp angular stones, much like what one would find after blasting bedrock. Sandra Starr had in the Town's folder for this site several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24, 1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the lot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1997 blasting date. My interpretation of the photographs was that before the blasting date the area of the lot over which the Ieaching bed is proposed had been grubbed and the topsoil removed, leaving what looked like the B horizon with stones and boulders interspersed. The photos after the blasting date show large ODTquantities of sharp angular cobble sized rock with very little soil showing through in ul the same leaching bed area. If blasting did take place on the lot, and if the blasting ENGINEERING took place in the leaching bed area, and if the blasted rock actually mixed with the soil of the receiving layer as substantially as I interpret the photos taken after the blasting date, then I would presume that the lot has been altered and therefore the Civil Engineers & said Holes have expired. The only way to overcome my presumption that the lot Land Surveyors has been altered would be to have the owner's engineer perform the following tasks: One Harris Street 1. If spot elevations were taken on the lot before any construction or alteration, Newburyport, M1LA of9so then those spot elevations should be staked on the ground with a bean pole (978) 455-8594 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration. This would show whether fill has been placed on the lot, or existing soil has been removed. Joarr25-99 09:34A Paul D_ Turbide, PE/PLS 508-465-0313 P.03 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturally occurring pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but "...additional testing may be required if, .in .the opinion of ... the approving authority, additional testing is necessary to properly assess site conditions within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CMR 15.000.") 3. The debris being stored at the site should be removed before the above two tasks are performed. Other concerns are as follows: ❑ A 6" stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) o Names of abutters must be on plan. NA 8.02J ❑ A 24" riser/manhole must be constructed over one septic tank access port to within 6" of final grade. 310 CNfR 15.228(2) ❑ The toe of the slope must stop within 5 feet from the property line or a swale must be installed. The fill appears to run right up to the stone wall that makes up the rear property line. 310 CMR 255(2). ❑ The ends of the leach lines must be capped. 310 CMR 251(9) o The cross section only shows one trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required dimensioning to build the system. If you have any questions or comments please feel free to contact me. Sincerely, Port Engineering Assoc. Inc. "7t4 4, Carlton A. Brown, PE/PLS Pheasantlot 11. doc f pOR1M o � F w F � s SS�ICHUSEt Town of North Andover, Massachusetts BOARD OF HEALTH DESIGN APPROVAL FOR SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Applicant Jll Test No. Site Location Reference Pla Form No. 2 19 Permission is granted for an individual soil absorption sewage disposal system to be installed in accordance with regulations of Board of Health. > Q Fee / CHAIRMAN, BOARD OF HEALTH Site System Permit No. /( No. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH OF FEE APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT Application for a Permit to Construct ( ) Repair ( ) Upgrade ( ) Abandon ( ) - ❑ Complete System ❑ Individual Components Location f/ Map Parcel # / Lot # Installer's Name Address Telephone # Name 07 6�-� ele one # signer's Name 5j .-X�; , , W, � " �,--> r- S % &-� 4./ Address 37 .� 0 3 i Telephone # Type of Building: 1A) r) isn %//fi-r-A- Lot Size -Sq-feet Dwelling — No. of Bedrooms ?— Garbage Grinder ( ) Other — Type of Building No. of persons Showers ( ), Cafeteria ( ) Other fixtures Design Flow (min. required) gpd Calculated design flow gpd Design flow provided 2,Z_'5�7gpd Plan: Date Number of sheets Revision Date U Title SL -7, 5, r,4 14-, /)-s a /,cT,Ii /fUerz rem /�7 Description of Soil(s) Soil Evaluator Form ', Name of Soil E DESCRIPTION OF REPAIRS OR ALTERATIONS Date of Evaluation The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place the system in operation until a Certificate of Compliance has been issued by the Board of Health. Signed Inspections Date FORM I - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH CERTIFICATE OF COMPLIANCE Description of Work: ❑ Individual Component(s) ❑ Complete System The undersigned hereby certify that the Sewage Disposal System; Constructed ( ), Repaired ( ), Upgraded ( ), Abandoned ( ) by: at has been installed in accordance with the provisions of 310 CMR 15.00 (Title 5) and the approved design plans/as-built plans relating to application No. dated Approved Design Flow (gpd) Installer Designer: Inspector Date The issuance of this certificate shall not be construed as a guarantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 No. THE COMMONWEALTH OF MASSACHUSETTS ME BOARD OF HEALTH F DISPOSAL SYSTEM CONSTRUCTION PERMIT 12 Permission is hereby granted to Construct ( ) Repair ( ) Upgrade ( ) Abandon ( ) l!an individual sewage disposal system at as described in the application for Disposal System Construction Permit No. dated Provided: Construction shall be completed within three years of the date of this permit. All local conditions must be met. Date Board of Health FORM 2 - DSCP DEP APPROVED FORM 5/96 FORM 1255 (REV 5/96) H&W HOBBSBWARREN'" PUBLISHERS - BOSTON No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH OF APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT Application for a Permit to Construct ( ) Repair ( ) Upgrade ( ) Abandon ( ) - ❑ Complete System ❑ Individual Components I-Zleo'JIr 14 Location �7 Map Parcel # Lot # t Installer's Name Address Telephone # O�fner's Name Address ele one# r �/ 1-- esigner's Name Address 3? a3/ V Telephone # Type of Building: 1AJ e) ,ice Lot Size. /, 7_Z:Sq-fret- Dwelling — No. of Bedrooms Garbage Grinder ( ) Other — Type of Building No. of persons Showers ( ), Cafeteria ( ) Other fixtures Design Flow (min. required) -Z--L-42 gpd Calculated design flow gpd Design flow rovided 77`5' pd Plan: Date Number of sheets Revision Date V Title 54:--, 1�ir r.4 f_-- Description of Soil(s) ✓� ►'� Soil Evaluator Form No. Name of Soil E DESCRIPTION OF REPAIRS OR ALTERATIONS 'Date of E The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place the system in operation until a Certificate of Compliance has been issued by the Board of Health. Signed Inspections Date f FORM t - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH CERTIFICATE OF COMPLIANCE Description of Work: ❑ Individual Component(s) ❑ Complete System The undersigned hereby certify that the Sewage Disposal System; Constructed ( ), Repaired ( ), Upgraded ( ), Abandoned by: at has been installed in accordance with the provisions of 310 CMR 15.00 (Title 5) and the approved design plans/as-built plans relating to application No. dated Approved Design Flow (gpd) Installer Designer: Inspector Date The issuance of this certificate shall not be construed as a guarantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 i No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH DISPOSAL SYSTEM CONSTRUCTION PERMIT Permission is hereby granted to Construct ( ) Repair ( ) Upgrade ( ) Abandon ( ) an individual sewage disposal system at as described in the application for Disposal System Construction Permit No. dated Provided: Construction shall be completed within three years of the date of this permit. All local conditions must be met. Date FORM 2 - DSCP DEP APPROVED FORM 5/96 V. =61 lsli,".1liil FORM 1255 (REV 5/96) H&W HOBBS& WARRENT" PUBLISHERS - BOSTON Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street WILLIAM J. SCOTT North Andover, Massachusetts 01845 Director (978)688-9531 NORTH ANDOVER ]BOARD OF ]HEALTH REGULATION REGARDING REPETITIVE APPLICATIONS 'eo Fax (978) 688-954: Under the authority of Chapter 111, Section 31 of the Massachusetts General Laws, the Town of North Andover Board of Health adopted the following regulation at a public meeting held on April 27, 2000. This regulation shall become effective upon publication. No application for any permit, license, certificate, or other Board of Health approval which has been denied by the Board of Health shall be heard again by the Board of Health within two years of the date that the Board of Health's denial becomes final, unless the Board of Health affirmatively votes to hear such application and the applicant demonstrates that: 1. there are specific and material changes to the application; 2. such specific and material changes could not have been presented to the Board of Health prior to the denial of the application; and 3. hearing the application a second time would not cause an undue burden upon the Board of Health. If any item, sentence, clause or phrase shall be held invalid for any reason, the remainder of this regulation shall continue in effect. Francis P. MacMillan, MD, Member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 North Andover Board of Health 27 Charles Street North Andover, MA 01845 978-688-9540 Fax 978-688-9542 facsimile tianssmiUal To: Attorney Matthew Watsky Fax: 781461-9068 From: Sandy Starr Date: Sept. 10, 2001 Re: Lot 11 Evergreen Pages: 4 CC: [Click here and type name] ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Notes: i HP OfficeJet Personal Printer/Fax/Copier Last 30 faxes Identification 819785328410 817818903223 6173380122 1 978 649 3839 819785328410 978 532 8410 818884868823 818007734488 819785328410 819785328410 89786851099 817813957530 978 623 8320 5083529872 148 687 6808 89786641713 19784588701 5087941251 207 729 8414 207 729 8414 819786826660 89786851099 89787948265 978 688 9556 817814619068 - 89784751448 1.2.0 Z8 Fax Log Report Sep -10-01 03:11 PM Result PaEes TyW Date Time Duration Diagnostic OK 01 Sent Sep -07 09:01A 00:00:38 002782020022 OK 01 Sent Sep -07 09:14A 00:00:35 002482030022 OK 01 Received Sep -07 11:06A 00:00:59 021502030000 OK 04 Received Sep -07 11:34A 00:02:23 021100430000 OK 03 Sent Sep -07 01:13P 00:03:21 002782010022 OK 01 Received Sep -07 01:23P 00:00:32 021506030000 OK 01 Sent Sep -07 01:27P 00:00:17 002582030022 OK 01 Received Sep -07 01:32P 00:00:36 021402030000 OK 01 Sent Sep -07 01:34P 00:00:17 002582030022 OK 01 Sent Sep -07 01:40P 00:00:49 002582030022 OK 04 Received Sep -07 01:47P 00:02:49 021001430000 OK 02 Sent Sep -07 01:59P 00:01:07 002782020022 OK 01 Sent Sep -07 02:28P 00:00:30 002580030022 OK 01 Sent Sep -07 02:47P 00:00:30 002180130020 OK 07 Received Sep -07 02:53P 00:02:39 021502030000 OK 02 Received Sep -07 05:26P 00:01:29 021406030000 OK 02 Received Sep -08 09:43A 00:04:03 021500030000 OK 02 Received Sep -09 01:36P 00:00:43 021502030000 OK 01 Sent Sep -10 07:39A 00:01:00 002780010022 OK 01 Received Sep -10 08:52A 00:00:29 021502030000 OK 03 Received Sep -10 09:04A 00:01:40 021500030000 Error 05 Received Sep -10 09:15A 00:04:41 001104230000411 OK 05 Received Sep -10 09:35A 00:03:57 021104230000 OK 02 Sent Sep -10 11:25A 00:01:02 002181430020 OK 02 Sent Sep -10 02:26P 00:00:50 002580030022 OK 01 Received Sep -10 02:27P 00:00:49 021501030000 OK 02 Sent Sep -10 02:47P 00:00:34 002582030022 OK 01 Received Sep -10 02:48P 00:00:28 021502030000 10K 05 Sent Sep -10 03:04P -L 00:01:43- 002582030022 OK 05 Sent Sep -10 03:09P 00:02:11 002480030022 Memo To: Sandy Starr, BOH Administrator From: Michael D. Howard, Conservation Administrator y CC: NACC ' file Date: 12/8/97 Re: Vernal Pool - Lot 11 Evergreen Estates. Per your request, I have read Mr. Christiansen s correspondence dated 12/5/97 regarding outstanding issues associated with the vernal pool on lot #11 Evergreen Estates. Specifically, you have asked that I provide you with a status report for lot #11 from the perspective of this Department and respond to the definition of a vernal pool under the Massachusetts Wetland Protection Act (310 CMR 10.00) and how it effects Title V. In addition, you have requested from me a professional opinion regarding septic system setbacks from this type of resource area. STATUS In 1995 and during the public hearing process for the roadways, stormwater management structures and utilities associated with the Evergreen Estates Subdivision, this Department received consent from the applicant' to submit applications to the State requesting vernal pool certification at select locations. On August 13, 1996, the Massachusetts Division of Fisheries and Wildlife certified that the vernal pool on lot #11 (wetland series "T") meets the requirements under the Natural Heritage and Endangered Species Program thus affording this resource area protection under the following regulations: Mr. Robert Messina was the initial applicant and received an Order of Conditions for the roadway (DEP #242-743) on 8/4/95. Each single family dwelling within the jurisdiction of the Commission has filed for permits independently including lot #11. 0 Page 1 s 1. Massachusetts Wetland Protection Act (310 CMR 10.00) - within wetland resource areas, protectable vernal pool habitat includes the pool itself and up to 100' beyond the pool's margin. 2. Massachusetts Surface Water Quality Standards (314 CMR 4.00) - identify vernal pools as "Outstanding Resource Waters:' These regulations prohibit discharges into certified vernal pools. 3. Title V of the Massachusetts Environmental Code - requires a 100' setback from the boundary of vernal pool habitat2. On October 15, 1997 the Commission issued a Certificate of Compliance to DECM Essex indicating that the work associated with the roadways was completed in accordance with the permit. On November 20, 1997 the Commission issued an Order of Conditions allowing for the construction of a single family dwelling on lot #11. The maximum setbacks allowable under the North Andover Wetland ByLaw and Regulations were adhered to by the applicant.3 Pending specific "pre -construction' requirements in the Order of Conditions the applicant has permission to initiate lot development. DEFINTIONS Massachusetts Wetland Protection Act ➢ Vernal Pool Habitat: Means confined basin depressions which, at least in most years, hold water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations, as well as the area within 100 feet of the mean annual boundaries of such depressions, to the extent that such habitat is within an Area Subject to Protection Under MGL c.131 s.40 as specified in 310 CMR 10.02(1). These areas are essential breeding habitat, and provide other extremely wildlife habitat functions during non -breeding season as well, for a variety of amphibian species such as wood frog (Rana sylvatica) and the spotted salamander (Ambystoma maculatum) and are important habitat for other wildlife species. (310 CMR 10.04 p. 341) ➢ Vernal pools are protected if they occur within existing wetland resource areas (including Bordering Vegetated Wetland (BVW)) and are given "automatic" 2 Correspondence from the Division of Fisheries and Wildlife dated 7/11/95 —the agency responsible for certifying vernal pools. 3 The North Andover Wetland ByLaw and Regulations mandate a 25' No -Disturbance Zone and a 50' No -Construction Zone from the edge of all wetland resource areas. 0 Page 2 protection under the Regulations only if their existence and location have been certified by the Massachusetts Natural Heritage and Endangered Species Program. Title V of the State EnviromnentaI Code ➢ Certified Vernal Pool• A surface water body that has been certified by the Massachusetts Division of Fisheries and Wildlife as a vernal pool in accordance with the "Vernal Pool Certification Guidelines" pursuant to the Massachusetts Natural Heritage and Endangered Species Program administered by the Massachusetts Department of Fisheries, Wildlife and Environmental Law Enforcement at the time a permit application is submitted to the approving authori . (310 CMR 15.0002 (p.483)) ➢ Surface Water. All waters other than groundwaters within the jurisdiction of the Commonwealth, including without limitation, rivers, streams, lakes, ponds, springs, reservoirs, impoundments, estuaries, wetlands, coastal waters and certified vernal pools. (310 CMR 15.0002 (p.489)) CHRISTIANSEN & SERGI (correspondence dated 14"7) ➢ "The certified vernal pool is an isolated depression located in an area between wetland flags T4, T-5, T-11, and T-12" This statement is erroneous for two reasons: 1. While the area between these flags is where the certification data was obtained it does not represent the extent of the certified vernal pool as asserted. Simply put, this is one of likely numerous locations within wetland series "T" where amphibian activity would occur. Once the minimum amount of data required to certify the pool was obtained by my staff they had no reason to further investigate the remaining portion of wetland series "T" because the entire limit of resource area is protected under the Act. The boundary of a certified vernal pool is delineated as the lower of (a) the maximum water elevation in a confined basin depression within a flood plain or BVW that contains the vernal pool or (b) the maximum observed or recorded water level. Vernal pool habitat extends 100' around a pool 2nly if that zone is within a wetland resource area. 2. There is no supporting data submitted by the applicant justifying the assertion that "T4, T-5, T-11 and T-12 is an isolated depression', in fact, the topography depicted on the record plan indicates otherwise. Wetland series "T" by virtue of being a scrub -shrub swamp is "a confined basin depression' 0 Page 3 Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director January 2, 2001 Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Dear Mr. Christiansen: Telephone (978) 688-9540 Fax (978) 688-9542 Your submittal of December 11, 2000 of a proposed septic plan for Lot 11 Pheasant Brook Road was discussed at the December 14, 2000 meeting of the Board of Health. The Board reviewed the history of the lot and all the documentation. It was determined that a meeting with you would serve no good purpose since the Board's consulting engineer has stated in effect that the lot does not conform to Title 5 standards for new construction and is not a suitable site for the location of an individual septic system. The Board has no choice but to act on the consultant's report. If you have any questions please feel free to contact the department at 978-688-9540. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Enc: plans, letter & check Cc: DECM Essex, Inc. DEP — D. Ferris W. Scott H. GrifEn B. Lagrasse File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 2000 QUARTERLY REAL ESTATE rOAKt FBF\YTJf�:t1°f�"i"b THE C0f# 0 4W[ALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER NORTH ANDOVER P. 0. BOX 1.24 OFFICE OF THE COLLECTOR OF TAXES 10. ANDOVER, MA 01645 Your Preliminary Tax for the Fiscal Year 2000 11-F 8,30-4:30;11/1 TO 7:30PM beginning July 01 1999 and ending June 30 2000 TAX 688-9550/ASSR 688-9566 on the property described is as follows: First Amount Interest Second Amount Interest 1 -TAX 405.59 14.12 2 -TAX 405.59 0 D.E,C.M. ESSEX, INC 660 ROGERS STREET LOWELL MA 01852 UI t- 1963 RE REAF BROOK ROAD Loc: 0 Id: 106.6 0229 0000.0 Deed/Legal: 04372 0337 Land Area: 1.22 (ac) REMITTANCE VOUCHER TOTAL PREf,IMINARY TAX . SI1.1$ AUG 1. 199.9 AMOUNT: 405.59: NOV 'I X999 AMOUNT' 405::59.: PRIOR :AMOUNT B I LL6 4W59 TAXESPAID AMOUNT OVER011E 405.:59 IN#�RE5T 14.12 AMOUNT D1 .11. Ol/1999' 825,30 BOARD OF HEALTH NORTH ANDOVER, MASS. 01845 978-688-9540 APPLICATION FOR SOIL TESTS DATE: ZIAW-6 O MAP & PARCEL: 4.e7-,4/ LOCATION OF SOIL TESTS: //� OWNER: bl cn �s ,��C TEL. NO.: ADDRESS: ENGINEER: Ger^ r S a.� ,Sc ct se r� rC TEL. NO.: CERTIFIED SOIL EVALUATOR: �" //, S Intended use of land: Residential Subdivision (a gle Family Home Commercial Is This: Repair testing Undeveloped lot testing X In the Lake Cochichewick Watershed? Yes No THE FOLLOWING MUST BE INCLUDED WITH THIS FORM: ?. Proof of land ownership (Tax bill, deed, or letter from owner permitting tests) 2. Plot plan 3.. Fee of $275.00 per lot for new construction. This covers the tnininium two deep holes and two percolation tests required for each disposal area. Fee of J2LOO per lot for repairs or gRgades. GENERAL INFORMATION FEB 1 5 1 I - Only Certified Soil Evaluators may perform deep hole inspections. 2. Only Mass. Registered Sanitarians and Professional Engineers can design septic plans. 3. At least two deep holes and two percolation tests are required for each septic system disposal area. 4, Repairs require at least two deep holes and at least one percolation test, at the discretion of the BOH representative. 5. Full payment will be required for all additional tests within two weeks of testing. 6. Within 45 days of testing, a scaled plan (no smaller than 1 "-100') shall be submitted to the Board of Health showing the location of all tests (including aborted tests). 7. Within 60 days of testing soil evaluation forms shall be submitted. Please Do Not Write Below This Line N.A. Conservation Commission Approval: _ Date Received: Check Amount: Check Date: ZO-d ZV96 989 SOS -naa -woO .Aanopub L44-AON S£=60 00 -9Z -L e abed 0 F ZV96 989 805 woal 9C:60 00-9Z—UeP pa Y.� J._ 'CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 January 26, 2000 Ms. Sandy Starr, R.S. Health Administrator North Andover Board of Health 27 Charles St. N. Andover, MA. 01845 Re: soil tests lot 11 Evergreen Dear Ms. Starr: (978) 373.0310 FAX: (978) 372-3960 Please find enclosed and application for soils tests on lot 11 Evergreen sub—division. Please schedule them for March 2000 if possible and notify our office of the date assigned. Your attention in this matter is appreciated. Sincerely, Gene Willis EIT cc: file 94036 FEB 1 5 FOR IM TI INA E 14 i',:5 OF loop— IMMIM-OFM FAX PHONE MOBILE 53A 7E NUM[B7E,, ON MESSAGE WILL CALL AGAIN VrVAIIJ 16 1 Lrl SEE YOU ,._SIGNED v L --'L -0—MS FORM 4003) N91 -ES i '��/��c� C77, Ell Imo- i II I frIN&I ' � t ..� _. ..1. .�I�'-... rw...ed•.s.:..wsw...•::.w+.+.ww<.......�o._w..m.-:aw..;.:..1v e�.w.-.:..mar..+.=Yr+-r.a,. w'.::..i+nk +"..as:»e=.�ilTi�.. .,a3." �:ri:�4 L"���:'..2�d'.'� Imo- i II I frIN&I ' � t _� i ,,, `�`��� .. �, -�' - �. _� i `�`��� .. ..�„'4r �e r' r ',a, . ok f. k i � LO N a,F3� 7�S f 14ORTN o JL ,, w p K � ,SSACHUSEt Applican Town of North Andover, Massachusetts BOARD OF HEALT H D DESIGN APPROVAL FOR SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Site Location °ZO7- L C.� Reference Plans and Specs. All Test No. Form No. 2 TE Permission is granted for an individual soil absorptibno sewage disposal system to be installed in accordance with regulations of Board of Health. \\ Fee CHAIRMAN, BV RD OF HEAL Site System Permit No. T // 4f--y6.e (g(� <�e-(,T' 7/257- --1-o&-,272�� 6A-) lel e-.10 G5 (JZA, ,8,a:2n 3/40 C" /0-, aZlo C4 -)(d)) --Bce1-?u5e ol" -r/VE U�u/�ccEl�Ti�E3 E2 E 6 6 1-241_ 1-1,64 Maj 5Y57-eM, -7-4,OA-) . / M l'O 55 / 8-1 G U,07 -/G f�-R� 1 D��vT1F/ctrlj . SEPTIC PLAN SUBMITTALS LOCATION: PLANS: YES REVISED PLANS: ( YES $60.00/Plan $25.00/Plan DATE: ICt DESIGN ENGINEER: Cd-/ When the submission is all in place, route to the Health Secretary �o PLAN REVIEW CHECKLIST ADDRESS .1-1a7- // 1'VG-,e6,oeCEV ENGINEER GENERAL 3 COPIES STAMP ✓ LOCUS NORTH ARROW '� SCALE CONTOURS l/ PROFILE ti (Sc) SECTIONt/ BENCHMARK L--� SOIL & PERCS ELEVATIONS WATERSHED?J/0 DRIVEWAYy SCH40 t/ TESTS CURRENT? SEPTIC TANK MIN 1500G 10' TO FDN 1--' D -BOX SIZE WETS. DISCLAIMER i-' WELLS & WETS WATER LINE C--- FDN DRAIN L-' M&P .17 INVERT DROP MANHOLE OK ELEV # LINES a SOIL EVAL GARB. GRINDERfQ (2 comps +200) GW �- # COMPS./-- GB � FIRST 2' LEVEL STATEMENT INLET 739, 9-6 - OUTLET 139- a = • /7 ( 2" OR .17 FT) TEE REQ' D? /i/a LEACHING MIN 440 GPD? RESERVE AREA 1-� 100' TO WETLANDS, 100' TO WELL 20' TO FND & INTRCPTR DRAINS L--- 4' /4' PERM. SOIL BELOW FACILITY BREAKOUT MET? `f TRENCHES 4' FROM PRIMARY? --` -- 2% SLOPE 4' TO S.H.GW f (5'>2M/IN) 400' TO SURFACE H2O SUPP v— MIN 12" COVER LFILL? x(15') MIN 440 gpd SLOPE (min .005 or 6"/1001) SIDEWALL DIST. 3X EFF. W OR D (MIN 6') RESERVE BETWEEN TRENCHES? `-� IN FILL? MUST BE 10' MIN.y-- 4" PEA STONE?— VENT? (>3' COVER; LINES >50' ) BOT + SIDE (L x W x #) Copyright © 1996 by S.L. Starr (DxLx2x#) X LDNG = TOT (G/ft2) DATE a14 FEE: APPLICANT ADDRESS ENG. ENGINEER'S ADD. NORTH ANDOVER BOARD OF HEALTH DESIGN REVIEW REPORT PERMIT ## DATE RECEIVED PLAN DATE CONDITIONS OF APPROVA APPROVED REASONS FOR DISAPPROVAL: MAP PARCEL LOT ## STREET ## STREET REV. DATE DISAPPROVED f NORTq o F w P ♦ o4i' ,SSACHUS Town of North Andover, Massachusetts BOARD OF HEALTH DESIGN APPROVAL FOR SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Applicant JD6LM G556'( Test No. Site Location Reference Plans Plans and Specs ENGINEER 1, DESIGN Form No. 2 19 Permission is granted for an individual soil absorption sewage disposal system to be installed in accordance with regulations of Board of Health. Fee�o�-� CHAIRMAN, BOARD OF HEALTH Site System Permit No. W A Town of North Andover, Massachusetts Form No. z NOpT1y BOARD OF HEALTH O F/ DESIGN APPROVAL FOR SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Applicant_��4,Q-t,n�n1, >La 10 �n 0✓f� Test No. Site Location �-b Reference Plans and Specs._ �.S T�� 4�'�-a-� 4-- '�-�`�;�i. 44��� ENGINEER DESIGN DATE Permission is granted for an individual soil absorption sewage disposal system to be installed in accordance with regulations of Board of Health. Fee CHAIRMAN, BOARD OF HEALTH Site System Permit No. R'4 SEPTIC PLAN SUBMITTAL FORM LOCATION: ')Q Z &77 � .5Qw T —0,eenDl< NEW PLANS: —(:i S REVISED PLANS: YES SITE EVALUATION FORMS INCLUDED DATE: /o /// 1�e DESIGN ENGINEERDATE TO TO CONSULTANT: $125.00/Plan $ 60.00/Plan YES NO *If you want your plans expedited, please submit three plans and included a stamped envelope with the correct amount of postage to mail plans to Port Engineering. When the submission is all in place, route to the Health Secretary. SEPTIC PLAN SUBMITTALS LOCATION: NEW PLANS: tES REVISED PLANS: YES DATE: DESIGN ENGINEER: $60.00/Plan $25.00/Plan When the submission is all in place, route to the Health Secretary approved on The ( ) bottom of bed; ( ) septic system located at has been inspected and by Board of Health personnel, and the Health Department has no objection to a construction permit being issued for this lot Inspector Date No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH 7TWO -OF ATH APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT Application for a Permit to Construct (* Repair ( ) Upgrade ( ) Abandon ( ) - [:]Complete System ❑ Individual Components toT i hh��� grafi a6a owl f Map/Parcel ft Lot # Installer's Name Address Telephone k ?X b4! iO4 LASE /A/C O.5rtiName 40 /17�y(///� 'vj���•v IcphoP C6) 14M E)esign 7c'Name _37.S -0310 _3 Telephone # (JJ Type of Building: WDA b PARMA40 Lot Size S et Dwelling — No. of Bedrooms Garbage Grinder ( ) Other — Type of Building No. of persons Showers ( ), Cafeteria Other fixtures Design Flow (min re ) gpd Calculated Plan: Date 2 Z Number of sheets Title�cSfI . Zai ( Description of Soil(s) L.0Cv7*t^ Soil Evaluator Form No. Name of Soil Evaluator DESCRIPTION OF REPAIRS OR ALTERATIONS flow gpd L Revision Date ate of Evaluation The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place the system in operation until a Certificate of Compliance has been issued by the Board of Health. Signed Date Inspections FORM 1 - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 Oj_ '----------------------------------L --———————————————————————— — — — — —— — -- No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH CERTIFICATE OF COMPLIANCE Description of Work: ❑ Individual Component(s) ❑ Complete System The undersigned hereby certify that the Sewage Disposal System; Constructed ( ), Repaired ( ), Upgraded ( ), Abandoned ( ) by at has been installed in accordance with the provisions of 310 CMR 15.00 (Title 5) and the approved design plans/as-built plans relating to application No. dated Approved Design Flow (gpd) Installer Designer: Inspector Date The issuance of this certificate shall not be construed as a guarantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH DISPOSAL SYSTEM CONSTRUCTION PERMIT Permission is hereby granted to Construct ( ) Repair ( ) Upgrade ( ) Abandon ( ) an individual sewage disposal system at as described in the application for Disposal System Construction Permit No. dated Provided: Construction shall be completed within three years of the date of this permit. All local conditions must be met. Date FORM 2 - DSCP FORM 1255 (REV 5/96) Board of Health DEP APPROVED FORM 5/96 H&W HOBBS& WARREN TM PUBLISHERS - BOSTON 0 ._---------------------------------------------------------------------- No. THE COMMONWEALTHOF MASSACHUSETTS FEE BOARD OF HEALTH OF APPLICATION FOR DISPOSAL °SYSTEM CONSTRUCTION PERMIT i Application fora Permit to Construct Nasowr Repair ( ) Upgrade ( ) Abandon ( ) - L]Complete System [:]Individual Components 4D 7- / ` ,Q ragsM beCA4 %S5 IAJC 06 loc;q/ Map/,Parcel N Lot # Installer's Name I AddressI G c - ;7sddre© /j� Telephone # Telephone # ..J Type of Building: YY006 FAM -MAC- Lot Size A 1-4 Saet��`" Dwelling — No. of Bedrooms Garbage Grinder ( ) qvfte Other — Type of Building No. of persons Showers ( ), Cafeteria ( ) Other fixtures Design Flow (min re u ) gpd Calculated design flow gpd Design flow pr videdz7r— d Plan: Date -�' Number of sheets Revision Date /49/2 Title 1 Description of Soil(s) 000.Y7 L avV-1 Soil Evaluator Form No. Name of Soil Evaluator moi leS 'i/A;rVate of Evaluation DESCRIPTION OF REPAIRS OR ALTERATIONS The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place the system in operation until a Certificate of Compliance has been issued by the Board of Health. t, Signed Date Inspections low - FORM t - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 L ----------------- 4— --------------------------------------------------- r: I No. THE COMMONWEALTH OF MASSACHUSETTS FEE BOARD OF HEALTH CERTIFICATE OF COMPLIANCE Description of Work: ❑ Individual Component(s) ❑ Complete System { f The undersigned hereby certify that the Sewage Disposal System; Constructed ( ), Repaired ( ), Upgraded ( ), Abandoned ( ) by: at has been installed in accordance with the provisions of 310 CMR 15.00 (Title 5) and the approved design plans/as-built plans relating to application No. dated Approved Design Flow (gpd) Installer Designer: Inspector Date The issuance of this certificate shall not be construed as a guarantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 No. THE COMMONWEALTH OF MASSACHUSETTS 'FEE BOARD OF HEALTH ;,DISPOSAL SYSTEM CONSTRUCTION PERMIT Permission is hereby granted to Construct ( ) Repair ( ) Upgrade ( ) Abandon ( ) an individual sewage disposal systemtt -.-as described in the application for Disposal System Construction Permit No. dated Provided: Construction shall be completed within three years of the date of this permit. All local conditions must be met. Date Board of Health FORM 2 - DSCP DEP APPROVED FORM 5/96 FORM 1255 (REV 5/96) H&W HOBBSB WARREN TM PUBLISHERS - BOSTON e S.Svl� S HOC-/ 11!2k2l 77r�,4L 65 C (��i��'i � G mu isf- s C -f 3 -Tr �� l�i����vr ria of L��G� !9-rzvc.wo SS'�S/r'u�I:�2<i-� �-�� T -0-t FORM C Y `APPLICATION FOR APPROVAL OF DEFINITIVE PLn�awx a.CL R.,�' NORTH ARUOYER January 17 - 19 95 <i To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section Sl—L, for approval of a proposed subdivision shown on a plan entitled Definitive Subdivision Plan "Evergreen Estates" located in North Andover by Christiansen & Sergi, Inc. dated December 28. 1991, being land bounded as follows:Northerly bt Com of MA, land of Steer and Fried; easterly by land of Fried, Teadder, Rough, Green, Galeassi, Yourre, Mateia, 'Ai s, a I riz._1r:r n ,g n' n• c c 19;A S t., a e 4 r a Farr a n d Com of MA; westerly by Com of MA.. hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to -the Board for approval of said plan. 1087 314 Title Reference: North Essex Deeds, Book 2901 , Page 13 ; or Certificate of Title No. , Registration Book , page ; or Other: Said plan has(y) has not( ) evolved from a preliminary plan submitted to the Board of Aurz Z4 19 94 and approved (with modifications) ( ) disapproved (X on 0 c t 4 , 19 g 1�• The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To insta...l utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Hlghway Surveyor, the Board of Health, and all general as well as `zoning by—laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or Kays and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by.reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein sha11 be binding upon all heirs, executors, administrators,successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: Time: M c Signature of Applicant Messina Development Corp., 805 Winter St. Horth Andover,_71A 01845 Signature: .4ddress Notice .to AP?UUMt/'I V CLERK and Certification of A on of Ylanrang Board on Definitive Subdivj ,;Lon Plan entitled: r Evergreen Estaces BY: Christiansen & Sergi dated dor emilar LR 1 19 94 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. lit? S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. 'Other condi, z ;o See attached zoc�,o = r+grnm cf)rr z. <71i cs" In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: Date' August, 15, i955 NORTH ANDOVER PLA MM BOARD r ioseoi, V. ManoneY, chairman 4- Y a. �A complete set of signed plans -,a, -copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition' must be on f ile at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. b. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. C. The applicant must submit a lot release FORM J to the Planning Board for signature. d. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form of a check made out to the Town of North Andover. This check will then be placed in an interest bearing escrow account held by the Town. Items covered by the Bond may include, but shall not be limited to: i. as -built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi. drainage facilities vii. site restoration viii.final site cleanup e. Three (3) complete copies of the endorsed and recorded plans and two (2) certified copies of the recorded subdivision approval, Covenant (FORM I), Right of Way easements, and FORM M must be submitted to the Town Planner as proof of filing. 4. Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a. All lots must be approved by the Board of Health. The Board of Health has determined that Lots 6, 9, 12, 13, and 21 cannot be used for building sites without injury 4 to the public _health without further testing. No building or structure shall be placed upon these lots without consent by the Board of Health. b. Due to the large amount of rock on the site which may interfere with the amount of parent material available for leaching, the Board of Health will require that the leaching area for each lot be completely excavated to insure that there is the requisite four feet of parent material present throughout the entire location proposed for the leaching area. C. The applicant must submit to the Town Planner proof that the FORM J referred to in Condition 3 (c) above, was filed, with the Registry of Deeds office. d. A plot plan for the lot in question must be submitted, which includes all of the following: i. location of the structure, ii. i the driveways, location of the septic systems if applicable, to the public _health without further testing. No building or structure shall be placed upon these lots without consent by the Board of Health. b. Due to the large amount of rock on the site which may interfere with the amount of parent material available for leaching, the Board of Health will require that the leaching area for each lot be completely excavated to insure that there is the requisite four feet of parent material present throughout the entire location proposed for the leaching area. C. The applicant must submit to the Town Planner proof that the FORM J referred to in Condition 3 (c) above, was filed, with the Registry of Deeds office. d. A plot plan for the lot in question must be submitted, which includes all of the following: i. location of the structure, ii. location of the driveways, location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any,grading called for on the lot, vii. all required zoning setbacks, viii. location of any drainage, utility and other easements. e. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. f. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 9- The lot in question shall be staked in the f ield . The location of any major departures from the plan must be shown. The Town Planner shall verify this information. h. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a Certificate of occupancy being requested for an individual lot, the following shall be required: a. A stop sign must be placed at end of Pheasant Brook Road where it intersects with Salem Street. b. A driveway easement across Lot 22 must be granted to Ian 5 z JHORTH BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 E%t23 M -E M O R A N D U M To: Planning Board From: Sandra Starr, Health Administr or Re: Evergreen Estates - Soil suitability Date: June 2, 1995 This memo is a response to Mr. Phil Christiansen's letter to you dated March 8, 1995 and is also a status report on the soils testing carried out thus far on Evergreen Estates off Salem Street. As Mr. Christiansen states, the soil on this site is classified as CrC. This is a Charlton -Rock outcrop -Hollis complex with slopes of 8 to 15 percent. This soil classification unit is a mixture of different types of soils which "are so intermingled that it was not practical to map them separately". According to the soil survey of Essex County, the soils range from well -drained to somewhat excessively drained. This indicates that perc tests would, for the most part, be moderate to somewhat rapid and that most would pass Massachusetts Title V Regulations. There is a concern, however, that soils which perc too rapidly (say, 2 min./inch or faster) do not provide treatment to septic effluent and can contribute to ground water pollution. In addition, the Soil Conservation Service Soil Survey goes on to say on page 25 that "the exposed bedrock, stones, slope and shallow depth to bedrock, as well as the moderate or moderately rapid permeability, also limit use of the soils for residential development and as a site for waste disposal facilities." A number of the lots already tested are, in my opinion, very questionable because of the large number of rock fragments. Also at this point, because of the additional soils testing in new areas on many lots, there are actually fewer lots now than previously which have all soils tests complete. Perc tests are needed for lots 3, 5, 6, 7, 8, 10, 11, 12, 13, 17, 18, 21, and 22. Evergreen Estates June 2, 1995 Page 2 Lot #14 is missing soil log information for one deep hole and there is a question about the percentage of rock fragments on this lot and on lots 7, 15, 16, 17, 18, 19, and 20. In answer to Mr. Christiansen's stated belief that approvals for this subdivision should not be delayed because of soils data or lack thereof, I am afraid that I must disagree, partially because we are dealing with this class of soils which is much less consistent than some others but also because of the extremely large amount of rock on the site. Volume and/or percentage of rock in proposed leach areas is a strong consideration on whether the site is appropriate for individual subsurface disposal of septic effluent. SS/cjp - BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext23 M E M O R A N D U M DATE: July 16, 1995 TO: Planning Board FROM: Sandra Starr, 1 dm' istrator RE: Evergreen Estates Soil Tests There has been a large amount of additional soils testing out at Evergreen Estates off Salem Street. Based on the criteria of passing percolation tests and four feet of parent material observed in the deep holes, the following lots appear to be acceptable for septic system installation: Lots 1, 2, 3, 4, 5, 7, 8, 10, 11, 14, 15, 16, 17, 18, 19, 20, 22. In addition, Lots 12 and 21 look okay so far; they need an additional passing percolation test. Lots 6 and 13 have no passing percolation tests at this coint, and Lot 9 has no soil tests at all. There is still the concern with the large amount of rock on the site which may interfere with the amount of parent material available for leaching. Because of this concern, the Board of Health must stipulate that prior to our signoff on any Form U for any individual lot in this subdivision, the leaching area for that lot must be completely excavated to insure that there is the requisite four feet of parent material present throughout the entire location proposed for the leaching area. cc: Board of Health Phil Christiansen Kenneth Mahoney, Director, Planning & Comm. Dev. Michael Howard, Conser. Admin. - mea June 20, 1996 North Andover Board of Health 120 Main Street North Andover, MA 01845 Re: Evergreen Estates Subdivision Dear Board of Health Members: As per our discussion at the May Board of Health meeting, we have studied the soil test results and septic system designs for Evergreen Estates to determine which of the lots should be released from the Planning Board condition that requires the excavation of the proposed leaching areas prior to the issuance of a building permit. The results of this study have led us to the following comments and recommendations. 1. Five of the 22 lots require additional testing before they can be considered buildable. Lots 6, 12, 13, and 21 require additional perc testing, and Lot 9 requires successful test pits and perc tests. No suitable test locations have been found on Lot 9 to date. 2. The leaching areas on five of the remaining 17 lots should be excavated prior to the issuance of building permits as per the Planning Board condition. Lots 1, 4, 5, 16, and 18 should be held to this condition. This recommendation is made based upon a review of the test pit data and septic system designs, which suggest that for these lots the leaching areas are to be constructed in areas where the presence of bouders and/or excavation refusal indicate that ledge could be present at a depth above what was encountered in the test holes. 3. The leaching areas on the remaining -12 lots should be not be required to be excavated prior to the issuance of building permits as per the Planning Board condition. Lots 2, 3, 7, 8, 10, 11, 14, 15, 17, 19, 20, and 22 should be released from this condition. This recommendation is made based upon a review of the test pit data and septic system designs, which suggest that for these lots the leaching areas are to be constructed either in fill above soils where the groundwater is at a shallow depth from the surface or in soils where there were no indications of ledge or significant boulders. Due to high groundwater elevations, some of the leaching areas on these lots will be constructed on top, of as much as 4 feet of sand fill, under which lies the required 4 feet of parent material. The excavation of the leaching areas on these lots prior to the issuance of a building permit should not be neccessary. A summary of our recommendations is included in the attached table. Please contact me if you have any questions regarding this matter. Very Truly Yours, Philip G. Christiansen EVERGREEN ESTATES, NORTH ANDOVER, MASS. TABLE 1: SUMMARY OF RECOMMENDATIONS FOR THE EXCAVATION OF LEACHING AREAS PRIOR TO THE ISSUANCE OF BUILDING PERMITS LOT # EXCAVATION OF LEACHING AREA RECOMMENDED EXCAVATION OF LEACHING AREA NOT RECOMMENDED ADDITIONAL TESTING REQUIRED 1 X 2 X 3 X 4 X 5 X 6 X 7 X 8 X 9 X 10 X 11 X 12 X 13 X 14 X 15 X 16 X 17 X 18 X 19 X 20 X 21 X 22 X Town of North Andover, Massachusetts Form No. 3 p< ,40TH BOARD OF HEALTH ��C • 19_ i% a � �,"°•,•.��S�t DISPOSAL WORKS CONSTRUCTION PERMIT SS, Applicant_ ��D,E'_G� /jtJfj�,CSC✓cJ NAME ADDRESS TELEPHONE Site Location__ 772011-7 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 Fee D.W.C. No. Town of North. Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director December 4, 1997 Al Couillard DECM Essex, Inc. 660 Rogers Street Lowell, MA 01852 30 School Street North Andover, Massachusetts 01845 Dear Mr. Couillard Mr. Michael D. Howard, North Andover Conservation Commission Administrator, has just— apprised me that the wetlands affecting the septicsystem on Lot 11 Evergreen Estates is: a certified vernal pool: Under 310 CMR 15.211 of the State Environmental -Code Title 5: -Minimum Requirements for-theSubsurface Disposal of Sanitary Sewage the minimum distance of a leach area to a certified vernal pool is 100 feet. There are two possible avenues for action at this point:. 1. Under 310 CMR 15.211(2) hydrogeologic data acceptable to the Board of Health can -be submitted which demonstrates that the location of the septic system is hydraulically downgradient of the vernal pool. 2. Apply for a waiver from 310 CMR 15.211 from DEP for the lesser distance to wetlands. Until one of the procedures outlined above has been successful, or this office is notified by Mr. Howard that Conservation has no issue with the lesser distance to wetlands as. previously approved by the Board of Health, there will be no permits issued , and ther_e_can be no excavation of anv kind on this lot. Please keep me apprised of your progress with this lot. Sincerely, _' & Sandra Starr, R.S. Health Administrator Cc: BOH M. Howard, CC Adm. Phil Christiansen G. Henderson W. Scott, Dr. CD&S-� File CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILDINGOFFICE - (978) 688-9545 0 *ZONING BOARD OF APPEALS - (978) 688-9541 • *146 MAIN STREET Commonwealth of Massachusetts 711 763 Divismorbnew Fisheffies&1WR"Ooldlife Wayne F. MacCallum, Director July 11, 1995 North Andover Conservation Commission Town Building, 120 Main St. North Andover, MA 01845 NORTH ANDOVER -- .. CONSERVATION COMMISSI Dear members of the Commission: ---I am writing to notify you of the certification by the Massachusetts Natural Heritage and Endangered Species Piogram:;of-five (5) vernal -pools in your town. Enclosed please find maps indicating the locations of these vernal pools (Certified Vernal -Pool Numbers 759-763). The certified status of these vernal pools affords them potential protection under the following regulations: .moo- "1'�"�chusetts_Wetlands Protection Act Regulations (310 CMR 10.00). Within wetland resource areas, protectable vernal pool habitat includes the pool itself and up to 100 feet beyond the pool's mar in.- 2-. Massachusetts Surface Water Quality Standards (314 CMR 4.00). These regulations prohibit discharges into certified vernal pools. — 3. Title V of the Massachusetts Environmental Code which requires a 100 foot setback from the boundary, of vernal pool habitat. The boundary of certified vernal pool habitat is delineated as: The lower of (a) the maximum water elevation in a confined basin depression within a flood plain or bordering vegetated wetlands that contains the vernal pool or (b) the maximum observed or recorded water level We strongly encourage you to contact the land owner a verna pool on their land. Please do not hesitate to contact the program if you have any questions regarding the status of this vernal pool, or wish to notify us regarding whether or not the pool is located in a wetland resource area. Thank you very much for your concern with vernal pool conservation. Sincerely, atthew R. Burne Environmental Review Assistant cc: DEP Northeast Regional Office file Field Headquarters One Rabbit Hill Road, Westborough, Massachusetts 01581 (508) 792-7270 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement Natural Heritage& - Endangered Species Program VERNAL POOL CERTIFICATION FORM Certified Vernal Pooh 1005 Town/City: NORTH ANDOVER Date Certified: 1996-08-13 USGS Topographic Map Name: SOUTH GROVELAND Notification Date: 1996-08-13 . Directions to Site: TWO MILES IN ON SALEM STREET AT SALEM/BOXFORD TURNOFF HOUSE 1641 SALEM STREET -BETWEEN HOUSE AND TREE FARM CROSS BOSTON BROOK AND TAKE RIGHT ONTO PATH. TAKE LEFT AT WETLAND FLAG B-14 CROSS HILL AND TRAVEL TO POOL.'S"T"POOL'S: Land Ownership Information. (If Supplied): COUILLARD, AL: DECM ESSEX INC. 660 ROGERS STREET, LOWELL, MA 01852 The following items are being attached to this form XX USGS topographic map showing location of the vernal pool XX Assessor's map (or other property map) showing location of the pool Compass bearings and distances to the pool from permanent landmarks XX Aerial photograph/80 or 100 scale topographic map showing location of the pool XX Professional survey showing location of the pool XX Sketch map or description of the immediate vicinity of the pool Documented Biological Indicators Accepted by NHESP MOLE SALAMANDER (Obligate Amphibian) WOOD FROG (Obligate Amphibian) FACULTATIVE AMPHIBIAN FACULTATIVE INVERTEBRATE The NHESP HAS NOT been notified of the presence of rare state -listed wildlife species in this vernal pool habitat. Wetlands Resource Area Type (as defined in the Wetlands Protection Act, 310 CMR 10.00): Isolated Land Subject to Flooding Commonwealth of Massachusetts Division of Fisheries & Wildlife Field Headquarters Route 135, Westborough, MA 01581 (617) 792-7270 Appl ican Town of North Andover, Massachusetts Form No. 1 BOARD OF HEALTH APPLICATION FOR SITE TESTING/INSPECTION Site Location Engineer_S®M NAME ADDRESS 4 j TELEPHONE Test/Inspection Date and Time '4/` 6V-7l/�— 7113/qc5— .� CHAIRMAN, BOARD OF HEALTH Fee Test No. CoJ S.S. Permit No.D.W.C. No. C.C. Date Plbg. Permit No. Town of North Andover, Massachusetts BOARD OF HEALTH 6 m UI APPLICATION FOR SITE TESTING/INSPECTION \RATED PPP`�y Form No. 1 19 f Applicant NAME ADDRESS TELEPHONE Site Location -'D t Engineer jlk. C NAME I y ADDRESS u TELEPHONE Test/Inspection Date and Time 4f`'-�"{�� t CHAIRMAN, BOARD OF HEALTH Fee / --) '� Test No. f, -7) 1 ' S.S. Permit No. D.W.C. No. C.C. Date Plbg. Permit No. and represents the entire vernal pool. To presume, as the applicant's representative has done, that amphibians and other vernal pool wildlife are only utilizing the area between these wetland flags contradicts basic wetland science and I would argue strongly against these findings. ➢ As written in the above referenced correspondence, the Title V definition of a certified vernal pool is "a surface water body that has been certified by the Massachusetts Division of Fisheries and Wildlife ...at the time a permit application is submitted to the approving authority." 1. A quick review of Title V -section 310 CMR 15.002 confirms this para -phrased statement, however, I would argue that the applicant's representative should have taken his review one step further. It begs the question, "What is a surface water body?" As previously indicated, a surface water body includes wetlands and/or vernal pools. Under the Act the extent of the vernal pool extends to the edge of the wetland resource area and, unless the pool is located in an "upland", a distinction is not made regarding it's isolated nature and proximity to the wetland edge. RECOMMENDATION As I do not enforce Title V, and therefore routinely interpret the laws intent, I am not in a position to offer a final and absolute interpretation on the definition of a vernal pool. I am also not in a position to discuss "grandfathering" clauses and will thus defer to the judgement of your Department and the Board of Health What I can offer is my professional opinion absent semantics regarding "vernal pool" and "vernal pool habitat." In accordance with the Massachusetts Wetland Protection Act, the extent of the vernal pool and/or vernal pool habitat on lot #11 is not the "isolated" depression as asserted by the applicant's representative but rather the entire stretch of wetland series "T". The Act does not distinguish between the pool and the surrounding wetland habitat. The goal is to protect the habitat and in turn protect the unique species utilizing the pool. Adversely impacting the habitat will presumably impact the "pool" itself. Vernal pools are afforded greater protection under the Act, Title V and the state Surface Water Quality Standards for an obvious reason: they are "Outstanding Resource Waters' which warrant stringent protection. Since this Department has review authority and interpretive powers under the Act specific to vernal pool certification, I would ask that the Board of Health strongly consider the merit of these written findings. Vernal pools are referenced under Title V but their certification and extent are accomplished through the Wetlands Protection Act and Division of Fisheries and Wildlife. The Conservation 0 Page 4 Commission is responsible for making the wetland boundary delineation in accordance with 310 CMR 10.00 and relevant policies for the Board of Health to use in its review4. Therefore, it is my professional opinion that the extent of the vernal pool is the limit of wetland series "T". As such, the soil absorption system encroaches to within 76' of the vernal pool habitat. Unless otherwise "grandfathered", I would ask that the Board of Health mandate a 100' setback. Anything less would presumably impact the vernal pool and would be unacceptable to the North Andover Conservation Commission. The Commission would not intentionally waive local performance standards governing vernal pool protection and I would ask the Board of Health to assume a similar stance when the law allows. 4 Title V Policy Statement (DWW Policy 86-1) 0 Page 5 CHRISTIANSEN & SERGI, INC. - _--- :.� _,�_PROFESSIONAL-ENGINEERS AND LAND SURVEYORS ------ -- 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 - (978) 373,"�FA (978) 372-3960 _- December 5, 1997 - Ms Sandy Starr North Andover Board of Health 30 School Street - - - - - --- _ North Andover, -MA 01845 Re: -Lot l rs Pheasant Brook Road (Evergreen Estates)- - -, Dear Ms. Starr 5 On behalf `o£m p chent `Al Couillazd of D rR.C- M Esse�Inc , I would hke to clarify the - - y - _ __ recently. created issue of.the effect of the Cerrified;Vernal'Poolton the -status oftlie septic system .g - =_ pemut for the above-referenced.lot.;,� The �resenceofthe vernaLpool on:the-lot�shouId. no . .� _ _ regulatorylmpacton the septic~systen permit,foritwo reasonsrfir tie�vernal�pool is located _ _ - eater than 100{feet.frotn tfie. ro osed leaehin : faclh and second the vernal ool was not yet r� ter, -�- P p _ - = w. �., - certified at:the_time when theopermit was apphed: fore 4 - Trtle� ofthe State Environmental` Code. req- u— q that a so�T al%soiption system be setback - a`minimum:of 100,'fei from a: Certified VernalPool (310: CMR I5 2Ll lblmimum Setback ---- Distances) The Certified VernalPool is anan l solated depressioocated m an area between _ wetland flags 3' 4, T'S,�T 11 and T=12=`Atats closest' point, the approved=leachu facility -is �loeated 116 feet: from wetland flag T-5 (the closest of lie flags ar wc> the wepn !rpool)-­We believe that some, confusion may exist as o the extent of the vernal pooLdue to a ;definition in the =- " `�.._WetTarids Protection Act_for "Vemal-P,00l',Habitat" While ills clewthat-"Verna ool-Habitat's"' y -- extends--t6--the=limits of the wotland-=resource _areas: withint 100sfeet of the vernalpool=itself, I _„ would lileeTto reinforce that -the required setback -in Title fST ls•from 'Certified-VernalPool"and not "Vernal Poolbitat"' - - _ __. The. Title., V definition of Certified VernaLP061 is,"A<surface water body that has been h.. _ V - certified by the 1Vlassachusetts Division of Fisheries and Wildlife . at the time a ermit - _ - -. _ _. . application is submittedto the approving authority (3 10 CMR 1'5:002) .- this case .the vernal .. pool: was not certified until`after the approval, oftfie. septic system design, for the lot µ_ and therefore - = the 100 foot minimum setback. does not apply -The septic=sys em pemut:was_appliedTor_in-March -of 1996; -and the design was -approved -in April of 1996.:: The vernal pooltwasTnot-certified byAhe Massachusetts-Division:_ofFisheries-and�Wild fe;unt�l:August,of 1996 The following information is included to,support.these interpretations I. Copy of 310 CMR 15.211:-N iniinum Setback Distances. II. Copy of 310 CMR 15.002: Definition of Certified Vernal Pool. _. _ III- Copy of letter referencing, septic system approval for Lot -1'1. . L IV. A Copy of Vernal Pool Certification -Form from theMassachusetts Divi`siori of Fisheries and Wildlife. I trust that this information clan_fies the factthat the presence of the vernalpool has no regulatory impact on theaeptic. system' approval forthis lot. Please call me if you have any -' question egarding-this,matt e y P, ��� •'F,�a� � 3 ��_f�"� � f4; �^- h=�k+4w. .-rc � fib... fA��i •su, - ` .se _ .wya 'N Y riA4'c°^' ."J`.iLw ..a.r>.. ! �-sbie'�uT•^.a' ,� _w _ _ * ✓ 1"x,F-�^ h^�r-�i«W.I. ��n1oe. ,.-.os_ R i g��':a's "Yf� - ' 'i' nrs,d„. y, � ;,� a,. ..+e.,.,•.--�.:-::.. may. ,��w � „�,,,�i �,-��, _:s. _ � - •....... - . _ X ''"" R 8,�, 'n. ,gN,syey�t. .�y.F% a sem.,, 3. .. __—.��• s_..a�_ - �" _ .,x _'.� ~ .x. _.moi — _ •i___ _ _ 17 -w-:' �� ..r.. . r>. - � -�. � �- - _w -.PAA �.i�-�i+�ir..v?+kd.�'�- ,•-+, ----. . w.yy._ye _ q el -4--'.. _,.,. .._-W...:.... +Y:.� # _i,7._`fir-`r ..--+,. a_ . ,x..r.+�....;� ... .. ..- +.ry ••rt- ... _.. ._ .w..«, 7 r a _ - - " } I �,sl ..iTH,:reWP•4 r. �'� _t_yyaa' ,..2 '. � •�.. .ww= 1 i s 1. ^''1s +4t.- '�..... � � . s:Ay5l +uvi ai-.,-� - -kK-. +lx�a-5drw.c.+ '1"",-` K' _ .. __ � _ 4 Dec -04-97 12:23P North Andover Com. Oev. 508 688 9542 P.02 Natural Heritage&. Endancrer'ed Species P b VERNAL POOL CERTIFICATION FORM Certified Vernal Pool 1005 Town/City: NORTH A:MOVER Date Certii USGS Topographic Map Name: SOUTH GROVELAND Notification Date: 1996-08-13 Directions to Site: TWO MILES IN ON SALEM STREET AT-SALEM/BOXFORD-TURNOFF. Unrtcz; 1AAI cAr RXA VroPP'r_RR"t'W1PT7V 9C1fNP. ANn TR FE FARM_ CROSS BOSTON I�KUUK AN J 1 AAr_ K1CUt1 1 UN 1 V YH 1ri 1 ANZr Unt- 1 -%I-- H-ILL AND TRAVEL TO POOL "T" POOLS., :. ?- = ..... Land Ownership Information (If Supplied): COUTUARD AL,• DECM ESSEX INC. 660 ROGERS STREET, LOWELL MA 01852 The following items are beingattached to this farm r; XX USGS topographic map showing location of the vernal pool X?C Assessor's reap (orother property snap) showing location of the poo! Compass bearings and distances to the pool from permanent landmarks XX Aerial photcgraph/80 or 100 scale topographic map showing location of the pool XX Professional survey showing location of the pool XX Sketch map or description of the immediate vicinity of the pool Documented Biological Indicators Accepted by NHESP MOLE SALAMANDER (Obligate Amphibian) WOOD FROG (Obligate Amphibian) FACULTATIVE AMPHIBIAN FACULTATIVE INVERTEBRATE The NHESP HA5 NOT been notified of the presence of rare state -listed wildlife species in this vernal pool habitat. Wetlands Resource Area Type (as defined in the Wetlands Protection Act, 310 CMR 10.40): Isolated Land Subject to Flooding Commonwealth of Massachusens Division of Fisheries & Wildlife Field Headquarters Route 135, Westborough, MA 01581 (617) 792-7270 Title 5 Policy Title 5: 310 CMR 10.03(3): Presumption§ -for Subsurface Sewage Disposal Systems that Meet Title 5 or More Stringent Local Board of Health Requirements (DWW Policy 86-1) Issued: July 11, 1986 Revised: March 1, 1995 The Wetlands Regulations, at 310 CMR 10.03(3), establish arpresumptron-that=a=sulsur face, sewage d?;posa system; whi�' cfi omplies with the requirements of�Titli�'S o more's�ngen 1oc31-Boar'd�of'Health ro eTec s t- i'e fn erests�of thFWe t nds *�5---men,tom Pro�ecfdif (t``Act'j Compliance with the requirements: of Title 5 or more stringent local require- ments may be ascertained by the Conservation Com- mission either by reliance on the issuance of the Disposal System Construction Permit or by consulta- tion with the Board of Health. The -Department will generally rely on the issuance of the Disposal System Construction Permit by the Board of Health unless the Department is provided with credible evidence from a competent source or otherwise determines. that further --inquiry is appropriate. This presumption,,. however, only has-eflectif none of the components of the system is located within certain resource areas set -forth at.310 CMR 10.03(2), and if the lea`chting-ffcrlity of the system is located: (a) at leastf50feeftfrom the most landward edge' of those areas when the system is eligible for construction in compliance with the 1978 Title 5; or (b) at least S:fl'feet;`from-the-most�landwardredge'ofthe ,-BVW -salt-marsh;=inlandror-coastah-bank :1.QO. feet -from theamosrtatrdward;edgerofiwetlands-bordering a su - ace-,waer supply or,tributarythereto;'7or=100,feet (5Ufeetif=th-e ssystetrrissdowngradient) from-themost landwardfedge otwwverHal'pool'certified-at'the time -the �7 p cr alio r for the Di'sposaI-System-Construction Permit-is.filed-wherrthe:system"is to-be,constructed in compllaice.with-thert995-'Title 52; or (c)-�Fgreate distance if ;required-by_.•a _local: Board of Health -by=law, or-regulati oh. Conservation Commissions and the Department, however, are not authorized to enforce more stringent local Board of Health requirements because neither has the authority to interpret ambiguous language that may be included in those by-laws or regulations or to determine whether the local Board of Health should grant a variance from the local standards. Any , systems granted' a variance which would reduce the setback to less than 50 feet from certain resource areas set forth at 310 CMR 1.0.03(2) will not be entitledto this presumption. Therefore, the Department adopts the following guidelines for applying the provisions of 310 CMR 10.03(3): (1) When reviewing a Notice of Intent, a Conservation Commission or the Department must determine whether a proposed sewage disposal system meets the applicable Title 5 wetlands setbacks as set forth above. Usually, Title-5,issuesotherthan-wetlands7get=batiks shouldrbe-.left;to the:Board;;of-Health-unless-,there..is overwhelm_i_ng pyidence-that;the,Board-_of Health;has failed;to-properly-review,the-case. The Title 5 require- ments that may be considered are limited to those, such as the depth to -groundwater, where a system not in compliance would have the potential to impair re- source areas identified in 310 CMR 10.03(3). It is highly unlikely, therefore, that a standard such as a lot - line set -back requirement should ever be considered in a wetlands review. (2) Neither a Conservation Commission nor the Department have the authority to interpret Board of Health regulations or to decide whether a local Board of Health will issue a variance from its own regula- tions. Where a proposed project meets the require- ' All setback distances from wetlands shall be measured in accordance with criteria of the Wetlands Protection Act and 310 CMR 10.00 from the most landward edge of the following: BVW, salt marsh, top of inland bank and top of coastal bank, all as defined in 310 CMR 10.00. Z The intent of the Title 5 regulatory citation contained in 310 CMR 10.03(3) is to reference the Title 5 in effect at the time the regulatory presumption is applied. Accordingly, the 1995 Title 5 setbacks (see 310 CMR 15.211) referenced in this paragraph (b) update the regulatory reference to the 1978 Title 5 setbacks contained in 310 CMR 10.03(3). iaWetlands Protection Program Policies (March 1995) k Q. Title 5 Policy ments of Title 5, but may fail to meet more stringent local standards, the Conservation Commission and the Department have two recommended alternative courses of action: a) Where it is clear that the system does not meet the local Board of Health requirements, such as when the Board of Health has already denied a request for a permit, the.Conservation Commission -or the,Depart- ment could. deny-the•project'and requireetheapplicant to obtain::,a-permitfrom the local'Board of Health prior to the issuance7of-an Ofder of Conditions.. -Suggested wording for such a denial is: "This project is denied because it does not meet the [specify requirement not met that would have the potential to impair resource areas identified in 310 CMR 10.03(3)] requirements of the [town name] Board of Health and therefore does not have. the benefit of the presumption under 310 CMR 10.03. A new Notice of Intent may be filed if the [town.name] Board of Health issues a permit, or the project is revised to meet the [town name] Board of Health requirements." Conservation Commissions and the Department must be careful when using this alternative. Many Boards of Health simply will not. take any action before the issuance of an Order of Conditions. It would not be proper, therefore, to create a situation where the applicant is placed in the impossible position of having neither approxal available until the other is obtained. b) If the only question about the permissibility of the proposed work is whether it will receive a local Board of Health permit, it is generally preferable for the Conservation Commission or the Department to issue an Order of Conditions that will permit the work on the condition that the applicant subsequently receives a local Board of Health permit. Suggested wording for such a condition is: "No work permitted by this Order may begin unless and until the applicant receives a subsurface_ sewage disposal permit from the [town name] Board of Health which complies with both the requirements of Title 5 and any more stringent local standards, and until a copy of said permit is sent to the Conservation Com- mission and the Department. -TteCon'seratronC.ossioffotlilD'epa menta e responsibly'for€ma�ing:.tfie�vsaetlaiid�Fioet� ay�`delinea='° tiorr i''h accotdari6FQth'"310 CMZ 00 nd relevant policies [e.g. BVW policy, coastal bank policy] for the Board of Health to use in its review..Generally, this delineation will take place when the applicant's plans have been reviewed and found accurate, or- modified in-. accordance with the findings of the Conservation Commission or the Department. s 6 Wetlands Protection Program Policies (March 1995 ) J p TO DATE j ;V/ Z' Tj. om- I PM H F AREA CODE 0 NO, aF N I EXT. E m /Ly E m 0 Is iPHONEDE] I CALL E] BACK IRETURNEDE] CALL I WANTS TO [:] I SEEYOU WILL CALL 0 AGAIN 1 WAS IN U�GENT TO G� 6 &oe6 G State: I zlip: 'five vaccine, or that person's guardian. Date: r r I Date vaccine administered: `� 1 i n: Date on VIM: 1 Vaccine lot number: v 8/96 1 U WILLIAM J. SCOTT Director December 16, 1997 Town of North Andover , HaRTM ,I OFFICE OF MMUNITY DEVELOPMENT AND SERVICES ° . 30 School Street ° North Andover, Massachusetts 01845 Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Dear Phil: On November 14, 1997, a limited permit for the excavation of the bed bottom on Lot 13 Evergreen Estates was issued to George Henderson. This permit was not exercised. On November 18'h, based on. the approved plans and the fact that the time for work on septic systems was nearing its close, the North Andover Board of Health granted an extension so that the bed bottoms of Lot 11 and Lot 13 Evergreen Estates could be excavated and inspected for bedrock outcrops. The purpose of these inspections was to determine whether the lots were appropriate for the installation of septic systems at the approved locations. On December 10, 1997 another limited permit was issued to George Henderson for the excavation of the Lot 13 Evergreen Estates leach area. This permit was again not exercised because, according to Mr. Henderson, you told him to stop work on the lot. On December 16, 1997 a limited permit was issued to George Henderson for the excavation of the Lot I lEvergreen Estates leach area. An appointment was scheduled for that morning. A call came into the office stating that this lot was not being excavated, again because you told Mr. Henderson to discontinue work on the lot. This department has made every effort to facilitate the excavation and assessment of these two lots on Evergreen Estates within the extension period granted by the Board. At this point I would appreciate a written update and status report from you on these two lots that I can present to the Board. If you wish to attempt bed bottom excavations on these two lots before the normal installation season in the spring'of 1998 I must hear from you before December 19'h. Please fax a reply to 978-688-9542. Sincerely, Sandra Starr, R S. Health Administrator Cc: Al Couillard Wm. Scott, Dir. CD&S M. Howard, CC Adm. K. Colwell, Town Planner BOH File CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILDINGOFFICE - (978) 688-9545 0 *ZONING BOARD OF APPEALS - (978) 688-9541 0 *146 MAIN STREET To: Al Couillard From: Sandy Starr No. Andover Health Dept. 30 School Street No. Andover, MA 01845 Phone: 978-688-9540 Fax: 978-688-9542 Fax: 978-374-5500 Date: 12/22/97 Re: Lots 11 & 13 Evergreen Pages: 2 CC: [Click here and type name] ❑ Urgent ❑ For Review ❑ Please Comment X Please Reply ❑ Please Recycle • • • • • • • • • • ........... .. . 1.1 f 4 y y � • 1 .� F � �~> n � �`! � ayY i it 1d £, � ��A l � � � Y �r • • • • • • • F f • • si i ......wa-c(� ! No. Andover Health Dept. 30 School Street No. Andover, MA 01845 Phone: 978-688-9540 Fax: 978688-9542 To: Phil Christiansen Fax: 978-372-3960 From: Sandy Starr Date: 12/22/97 Re: Lots 11 & 13 Evergreen Pages: 2 CC: [Click here and type name] ❑ Urgent ❑ For Review ❑ Please Comment X Please Reply ❑ Please Recycle J . • r • • • • • • • • • • • • • • • -A t y 1 i _ X File Edit Tools Data Maintain P ocess View Report j Windows Help x Project: 1770 Office of Health Department 27 Charles Street, No. Andover, Billing Group ID. 62 IliT Billing Type: Cost Plu - Billing Fee: 0.00 Card ID: ToNA Main Billin info —.,�ontractinfo Classification GLAccounts , Billing Messages Alerts Staffing A ctivities -- —ssign To Proposal Number: Department: -� Contract Number: 1 Contract Date: 111512001 I - Work Start Date: 111512001 Expected Finish Date: 1211912001 O use Government Invoice Style Description: Engineering services required for site inspection Engineer: Christiansen Sergi #978-373-0310,160 Summer St., Haverhill MA 01830 Assessors Map: 106B, Lot 41 Applicant: Messina Development Corpk Pheasant Brook Rd x-... SaveJ1 Close W Notes... Groups: Adding Billing File Edit Tools Data MaintainIP-rocess View Report Windows Help Project: 1770 Fnf Office of Health Department 27 Charles Street, No. Andover, Billing Group ID. Billing Type: Cost Plue Billing Fee: 0.00 Card ID: To NA qInfo 77-on;i la:in:] :fo:.] --contract info Classification [-klerts Staffing Activities L Proposal Number: ssign To rDepartment: Contract Number: -- ---- C o ntra ct Date: 11 11512091____j Work Start Date: 11!5!2001 120 11 Use Government Invoice Style Expected Finish Date: r211 79 Description: Engineering services required for site inspection Engineer: Christiansen Sergi#978-373-031 0,160 Summer St., Haverhill MA 01830 Assessors Map: 1 06B, Lot 41 Applicant: Messina Development Corp Pheasant Brook Rd Save Close OF �Billjng Groups: Adding Project Request Record Town of North Andover Date: Client Id: ToNA Card Id: ToNA Client/Company Name: Board of Health Card' TVDe-Client; F7 7— r BG/ Alicant ' ?,6 � � /. 6VyE� ©6'�1�'w pp rr Assessors 1VIan= Street G� Sew 7— B -r oci K: Contact Nane 1VIs Sandra,Starr ,6F4/� Phone:. l Type.of service. Title Director Y' Fax: 978 688 /1'fAddiess 27,°:Charles Street=:' Email ,sstarr@townofnor:,handover com '+r 'r' tfli,r .9i Notes:.. rlI Jt<� ' p Tovun Nbtth Midover rrllf ,,rtl l trr°State MA Zip Code 01845. contacts if,`apphcatile ' i ngine' ' iistaller �Ot>ier Phone: ,Title - Fax: Address. Email: r, Y�L.%f L e- Notes: "' r ;State:. �� Zip Code Wt 75 e iF tfnj�)�I Jr ijJj),(i`, Project: Project Id: 1770 Project Title: Town of North Andover, Board of Health (JOB NO) (PROJECT NAME & STREET ADDRESS) Manager: NOW Billing Group: Billing CA: ContractrInfo Project Descnption=for each billing/gxoup. F7 7— r BG/ Alicant ' ?,6 � � /. 6VyE� ©6'�1�'w pp rr Assessors 1VIan= Street G� Sew 7— B -r oci K: ,6F4/� l Type.of service. Y' r i .9i hil Office/forms/jbrqutona NOONAN & Mc DOWELL, INC. 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 Fax (978) 671-9565 Email: mmgconversent.net Date: May 1, 2002 Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan Review, 1770/ 066 Pheasant Brook Road Assessors Map 106B, Lot 229 Dear Members of the Board, T0`PIN OF NOR T BOARD OF MAY - 6 200 Please be advised that Noonan & McDowell, Inc. has reviewed the plan dated September 24, 2000 revised: 4/12/02, By: Christiansen & Sergi. It is our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health `By -Laws" if the following is addressed: 1) Identify pipe joints at septic tank and D -Box as being grouted. 2) Obtain requested variances from Board of Health. 3) Perform additional soil testing to ensure that four feet of natural pervious material exists beneath the entire leaching area and the reserve area. Respectfully, �0,�e John L. Noonan, P.L.S.-P.E. F:/Office/BOH/ 1770066-2. doc Land Surveyors Civil Engineers Environmental Planners NOONAN & Mc DOWELL, INC. _ 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 F 78) 671-9565 Email: nm&jetwaY.colly cv.�vst�T,AJe7T Date Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System' ---• q Plan Review, 1770/ Ok ''- F// .r sazko lc- lez'If c> Assessors Map /" & , Lot -Z-7,5' Dear Members of the Board, Please be advised that N onan & McDowell, Inc. has reviewed the plan dated 9e�79-/a'v .�,c��'vfsar�; 9 /2�v z �y c'/f�/s7i�•!v S�dv � S�zG/ ' It is our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health `By -Laws" if the following -is addressed: �1 7- 7- Y - 7W j �� . �� Tim- +� c.. E� /-°✓ � �z � � �a j-�-y Respectfully, John L. Noonan, P.L.S.-P.E. G: office/forms/tonarev Land Surveyors Civil Engineers Environmental Planners ll0 T®Wl�T OF NORTH ANDOVI2 of IaORJ/i �t.,. , HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 F C14 S Sandra Starr Telephone (978) 688-9540 Public Hea'''• rli-prtnr FAX (978) 688-9542 _77— Februar3 �j;61_1 Philip C1 Christim 160 Sun zl Q r'� '' l�I L) U S IV i) Haverhi 7 Re: L ;561z- Dear ilDear M Az�_w J This let laps for the proposeu xY«., ,,-„_-- :ncies that must be addressed: These are: 1. Beginning trench elevation missing. G;_r Identify proposed water service as either°pressure or suction. 2---y Provide lengths of pipes in profile of system. ,.-,,4. Provide a List of local variances needed for approval "�-3'Provide beginning of trench elevation. 2 6. Before final plan approval it will be necessary to provide proof that four feet of natural pervious material exists beneath the entire leach area and the reserve as required by Title 5 and local regulations. A note in profile- view is required stating that the first two feet out of the D -box must be level. Identify and label all wetlands within 200' of the site. Note that 500 square feet is theminimum area allowed for leaching area. NA 9.01(1) ,,,W. On plan view add 5' limit around primary and reserve area for removal of unsuitable soil. 255(5) 6/11. Missing spot grade at. tank showing 2% slope. 240(l 0) z,-42: Revise grading for breakout slope requirements and include reserve area grading since activity is not located within the lot. / 49 ? r t- X-- �� ® /T r;,IYLi'�� �eE:'Q U Please remember that all resubmissions require a $60.00 review fee. If you have any questions, please do no hesitate to call me at 978-688-9540. Sincer�lyy.� ii```i'' --Sandra Starr, Director Cc: Owner File NOONAN & MC DOWELL, INC. 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 Fax (978) 671-9565 Email: nm@netwaY com Date W51_�Cll 2 Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan Review, 1770/ 0" Assessors Map/ oe,Lot z Dear Members of the Board, Please be advised that Noonan & McDowell, Inc. has reviewed the plan dated 70­!� � --v/.(4 / 7— It It is our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health `By -Laws" if the following is addressed: �" el -c- s'c1 C> _f) rev✓/d't:-7— v 0 Com. 1:;�eQV / op6E7- e"—_G 71argt� x,,74 =vim J'7c _ G/ 'lei ®4;7 .f Respectfully, At 7- 40 6-' 7— , . John L. Noonan, P.L.S.-P.E. Sj— G:office/forms/tonarev N � 5'v rr /� nv civ �i � L �' GvA Tim / Land Surveyors Civil Engineers Environmental Planners 7- 1-2 744,' Iv 7 Tp eW 7 T - ;r -z, *o-7-- 'e'v— or oo ec� 7—hoe—P'— Z�47 -7— pog!!�7 CHECKLIST FOR NORTH ANDOVER SEPTIC SYSTEM PLANS N & M Job 1770/ � �' The following is a checklist that incorporates all Title 5 and local regulations for septic plans. Name of Applicant: Of 10-1 C,Name of Designer: Plan Date: Z o p Revision Date: Date of Review: 01 Property Address: /-7// �/t34'✓ 7- 17E�o?X sr0 Map: /PG z> Lot: BOH Reviewer: Z Type of Pl (new r upgrade): Number of Bedrooms in Assessor's Records: --"'gpd) Garbage Disposal Allowed: General Information: N.A. = North Andover Septic Regulations Other numbers refer to Title 5 OK Problem N/A Street number and map/lot - 220(4)(u) �— Maximum scale of 1 "=40' for plot plan - 220(4) Maximum scale of 1 "=20' for profile and component details - 220(4) Legal boundaries of the facility being served - 220(4)(a) Names of abutters from recent. tax map - NA 8.02j Number of bedrooms, design calcs., - NA 8.02i --� Name & address of record owner & applicant - NA 8.02k a� Name & address of designer - NA 8.021 �C Holder and location of all easements - 220(4)(b) C---- Date plan drawn & any revision date - NA 8.02m All dwellings and buildings, existing and proposed - 220(4)(c) Location of all existing or proposed impervious areas - 220(4)(d) All distances on site plan - NA 8.03a -c Elevation of proposed driveway - NA 8.02t Location and elevation of foundation drain - NA 8.02y Location and dimensions of the system incl. reserve (new const.) - 220(4)(e) �f Limits of excavation of leach area on site plan - NA 8.02z Locus plan - 220(4)(t) (Not to scale) North arrow - 220(4)(g) TExisting and proposed contours - 220(4)(g) Locations and logs of deep holes - 220(4)(h) G Locations and logs of percolation tests - 220(4)(i) Date(s) of soil testing - 220(4)(h) & (i) Existing grade elevation of each deep hole - 220(4)(h) Elevation of percolation tests - N.A. 8.02n Name of approving authority representative - 220(4)(h) & (i) Name of soil evaluator - 220(4)0) Soil logs and perc test logs match BOH records Locations of waterlines, drains, and subsurface utilities - 220(4)(m) J aj Observed and adjusted g.w. elevation in the vicinity of the system - 220(4)(n) Complete profile of the system to scale - 220(4)(o), NA 8.02c Cross section of leaching facility - NA 8.02w (Not to scale) Location of benchmark(s) within 50-75 feet of facility - 220(4)(q) "-�- Note listing all variance requests with proper citations - 220(4)(p) Local upgrade approval request form submitted - 403(1) f Original R.S./P.E. stamp, signature & date - 220(l) & (2) If P.E., discipline specified within stamp. MGL C. 112 s. 81M sfc. supplies (w/in 400'), pub. wells (w/in 250'), pvt. wells (w/in 150') - 220(4)( Location of watercourses, wetlands, wells, etc. Win 150' of system - NA 8.02r Wetland disclaimer - NA 8.02s RLS plan reference & certification required (prop line setbacks) - 220(3) — Use approvals / standards checked for I/A system - DEP docs., y i Perc rate >30 MPI - not allowed for new, LUA for upgrade - 245(1)&('3) Perc rate > 60 MPI - must use modified tight tank or IIA technology - 245(4) Proposed system qualifies as "shared" system - 002 (definitions) Flow is over 2,000'gpd - No R.S. allowed - 220(1) Design flow was set in accordance with code - 203 Existing system location and note on proper abandonment - 354 �---- Leaching facility at least 1' above Base Flood elevation — NA 9.05 All piping Sch 40 minimum — NA 10.01 _ Basement floor minimum 1' above groundwater elevation — NA 5.04 Foundation drain present with elevation — NA 8.02y On-site Soil and Groundwater Review OK Problem N/A cr' _ -r^-. ground elevation el. acceptable soil el. Leach facilitv invert el. ground water el. refusal el. Proper deep observation hole logs on plan - 220(4)(h) All deep holes and peres shown, including aborted tests — NA 8.02n Soil evaluation forms submitted within 60 days of field work - 018(2) Proper percolation test log - 220(4)(i) Ample deep observation holes in primary disposal area (minimum 2) - 102(2) Ample deep observation holes in secondary disposal area (minimum 2) - 102(2) Ample perc testing (one in each disposal area; 3 in prim. > 2,000 gpd) - 104(4) Deep hole testing conducted within two years — NA 7.05 bottom of leach facility el. thickness of acceptable soil before & after soil R&R separation to groundwater separation to refusal soil class perc rate loading rate septic tank below g.w. table pump tank below g.w. table l.f in fill Hole Identification Numbers: c� (yes or no) (yes or no) - 255(1) Setback Distances (Given in feet)15.21 1 YES NO Is the lot in the Lake Cochiewick Watershed? NA 6.00 & 5.02 OK Problem N/A Septic Tank Leach Facility Property line 10 10 L� Cellar wall 10 20 2 2 4 Building Sewer OK Problem N/A Grease trap required for certain uses (check 230 for details) _ Pipe diameter listed (4" minimum) - 222(1) Pipe schedule listed - 222(3) Pipe cast iron or Sch 40 PVC – NA 11.02 Watertight joints specified - 222(3) & (4) Pipe laid on compact, fin base - 222(5) Pipe laid on continuous grade in straight line - 222(7)@ Cleanouts precede all changes in alignment and grade - 222(8) Cleanout provided every 100 feet - 222(8) Manhole at any 90 degree alignment change - 222(8) Invert elevation at building: Invert elevation at septic tank: Length of run: Slope: (minimum of 0.01 - 0.02 desired) - 222(6) l 10' offset to private well or suction line - 222(2) 3 3 Inground pool 10 20 Slab foundation 10 10 Deck, on footings, etc. 5 10 Waterline 10 10 Private drinking well 75 100 Irrigation well 75 100 Wetlands 75 100 Public well 400 400 Wetlands bordering surface0150 �� ` 150 water Supply or trib. (in Watershed �-- Trib. To Surface Water supply 325 325 L — Reservoirs 400 400 G� Tributaries to reservoirs 200 200 Drains (wat. supply/trib.) 50 100 Drains (intercept g.w.) 25 50 _ Foundation drains 10 20 Drains (Other) 5 10 Drywells 20 25 Downhill slope 15' to 3:1 slope w/o barrier Building Sewer OK Problem N/A Grease trap required for certain uses (check 230 for details) _ Pipe diameter listed (4" minimum) - 222(1) Pipe schedule listed - 222(3) Pipe cast iron or Sch 40 PVC – NA 11.02 Watertight joints specified - 222(3) & (4) Pipe laid on compact, fin base - 222(5) Pipe laid on continuous grade in straight line - 222(7)@ Cleanouts precede all changes in alignment and grade - 222(8) Cleanout provided every 100 feet - 222(8) Manhole at any 90 degree alignment change - 222(8) Invert elevation at building: Invert elevation at septic tank: Length of run: Slope: (minimum of 0.01 - 0.02 desired) - 222(6) l 10' offset to private well or suction line - 222(2) 3 3 Septic Tank OK Problem N/A v -i Tank is accessible - 228(3) No structures above tank — (228(3) Tank can accommodate both primary & reserve — NA 9.04 200% of flow (required & provided given. 1500 min.) - 220(4)(f) & 223)(1)(a) 2-3" drop from inlet to outlet - 227(5) Minimum of 4' liquid depth - 223(2) 3" air space above tees/baffles (minimum) - 227(4) 9"air space above flow line (minimum) - 227(4) Tees are not to be replaced by baffles - 227(1) Tees extend 6" above flow line - 227(1) Inlet tee extends 10" below flow line (minimum) - 227(6) Outlet tee extends 14" below flow line (more for deeper tanks) - 227(6) Gas baffle installed on outlet - 227(4) Access manhole cover above center of tank & each tee (except 2 compart) 228(2) 3-20" manholes - 228(2) 1 childproof, 24" riser/manhole Win 6" of final grade if <1000gpd- 228(2) Inlet and outlet tees on center line - 227(1) Soil compaction below tank specified (if soil is non-native) - 221(2) 6" of <=3/4"stone beneath tank specified - 221(2) & 22 8(l) If > 1,000 gpd AND not a single fam. dwell. must be 2 tks or 2 comp. - 223(l)(b) If plan specifies disposal must be 2 tanks in series or 2 compart. tank - 223(1)(c) Buoyancy calcs. required if tank at or below water table - 221(8) Tank is watertight - 221 (1) 9" of cover over tank (minimum) - 228(1) H- 10 loading (min.) - H-20 if traffic - 226(3) Top of tank <=36" below grade - 221(7) All pumping to tank (if applies) in accordance with - 229 Tank is set to keep old system in service during install if possible Distribution Box (Check here if not present: 1 OK Problem N/A 1G' Inlet elevation: Outlet elevation: 0.17' drop from inlet to outlet (minimum) - 232(3)(b) 6" sump (minimum) - 232(3)(e) All outlets at same elevation - 232(3)(b) Outlet pipes laid level for first 2 ft. - 232(3)(c) Pipe Sch 40 - NA 10.01 Number of outlets: Number of laterals: Size of outlets: Inlet bafflettee min. 1" over outlet invert for all d -boxes - 232(3)(a), Soil compaction below distribution box specified (if soil is non-native) - 221(2) 6" of stone beneath distribution box specified - 221(2) Box is watertight - 221 (1) Top of box <=36" below grade - 221(7) Buoyancy calculations required if box is at or below water table - 221(8) Pump Chamber (Check here if not present: ) OK Problem N/A Volume specifie 220(4)(r) Pump on -el vation- 220(4)(r) P pp off elevatio 220 Alarm on elev on: 220(4)(r) Number of c cles e - 20(4)(r) (also 2 1)(d) if gravity from d -box) Minimum 2" delivery line to d -box if grauity - 254(1)( c) 4 Pressure dosed l.f. if flow >= 2,000 gpd - 254(1)(a) & 254(2)(a) Cycles per day is consistent with chambe plume -23 1 Volume calculations include flo volume - 2') 1(2) 24 hour storage capacit ve pump on elevation - 231(2) Number of pumps• 2 if system serves >2 dwelling units - 231(6) Capacity of mp(s) - gpm @ ' TDH - 220(4)(r) Pum pass 1 1/4 "solids (minimum) - 231(7) p controls specified - 220(4)(r) Alarm equipment specified - 231(2) Alarm is in building and powered on separate circuit frim-pnfnp -�2') 1(9) Pump sequence correct (off -lead on -lag on-�al�an- �"n) - 231(8) Pu>al� ormance curves included - 220471 Merating switch - NA 12.0 Chve, bleeder hole - N O1 1 cof, 24" riser/m ole to final grade - 2'31(5), Saction be pump chamber specified (if soil is non-natio )--22i{I)�6""sto eneath chmbr. specified - 221(2) & 228 1Buc ulations if chamber is at or below water e - 221(8)@ 9"r over chamber (minimum) - 28(1) H-ing (min.) - H-20 if traffic 226 Chamber is watertight - 221 (1) Top of chamber <=36" below grade - 221(7) Leaching Facility (general - complete for all designs) OK Problem N/A 50% larger if garbage disposal - 240(4) Trenches to be used whenever possible - 240(6) No vehicle or imperv. area above 11. unless unavoidable - 240(7); NA 13.02 Vented if under impervious cover - 241 (1) ----` Vented through same pipes as distribution system - 241 (1)(a) "—� Vent protected from precipitation/animal entry - 241 (1)(b) Vent is placed beyond traffic or impervious area - 24 1 (1)(c) '— All lines connected to vent if bed or trenches - 241(1)(d) - 9" cover over peastone - 240(9) Reserve area provided (new construction) - 248(1) Reserve 4' from primary leach area — NA 9.04 4' (5' if perc rate <=2 MPI) separation to g.w. - 212(a) & (b) -- 4' (down to 2' with variance or I/A - upgrades only) of natural soil under 11. GW separation is adjusted to highest existing grade if facility cuts into a hillside Pipe slope minimum of 0.005 - 251(9) Require 5' removal and replacement if in fill - 255(5) Top of leach facility <= 36" below grade - 221(7) Final grade over l.f. minimum 0.02 ft/ft -240(10) Surface & subsurface drainage away from l.f. - 240(1 1) & 245(5) Minimum design flow 440 gpd without deed restriction — NA 13.01 3:1 slope where grading required - 255(2) Toe of fill slope stops 5' from property line or swale installed - 255(2) Impermeable barrier if < 3:1 slope or < 15 feet to—3:lslope - 255(2) '—� Impermeable barrier/retaining wall poured concrete — NA 9.02 Retaining wall stamped by P.E. - 255(2)(b) Top of retaining wall >= top of peastone elevation - 255(2)(f) 10' offset from edge of leach facility to edge of ret. wall - 255(2)(g) Perc test(s) done in most restrictive layer - 104(2) Perc test 4' below leaching elevation — NA 7.06 _ Design flow listed and required/provided leach area given - 220(4)(f) Leach pipes SCH40 PVC — NA 10.01 Leach pipes minimum 4" diameter except for dosed system — NA 14.04 _ Leach lines capped, vented, or connected together- 251(9) Pressure dosing guidance followed if pressure distribution - 254(2)(c ), Pressure dosing required over 2,000 gpd or with I/A remedial use - 231(1) Leaching Trenches (Check here if not present: ) OK_ Problem N/A a� r c/ A— 31 Number of trenches: �- Minimum of 2 trenches - NA 9.01(2) Depth of trenches (max eff. 2'): -247(l) Width of trenches (2' min., 4' max.): - 251 (1)(b) Length of trenches (100' max.): - 25 1 (1)(a) Trenches are vented (when > 50') - 251 (1.1) Trenches follow contour lines - 251(2) Trench spacing 3 times effective width or depth minimum- 251 (1)(d) In fill or reserve between trenches, 10' min. - NA 14.01& 14.03 Available leach area given (Min. 500 s.f.) - NA 9.01(2) - -3 Bottom = L x W x # — s.f. Sidewall = L x D x# x2= s. f. Effective leach area given Loading factor: Effective area = total area s.f. x LTAR = g/day Effective area is >= design flow of facility being served 2"of 1/8"- 1/2" 2x washed peastone.- 247(2) Trench depth of 3/4" to 1 1/2" double washed stone - 247(1) Leach Fields (Check here if not present: ) OK Problem N/A Number of ds: Z (need dosing chamber if > 1, 231 (1)) Z.Leth (100'x.): - 252 (2)(b) h: : L. % x W = s. f. Minimum 906 square feet - NA 9.01(�} Distribution lines connected with�s id pipe — NA 15.01 Effective 4, area given Loading factor: Effective area= al area s.f x TAR Efferctive area =design flow of facilityZbeingserMinimum o lfwo distribution lines - 252(26' line s aration (max.) - 252(2)(d)�4' imum separation from edg of feel minimum separation betwee�a�� ent leach fields - Between 6" and 12" of 3/4 - 1 1/2" stone beneath field - 2"of 1/8"-1/2" 2x washed peastone.- 247(2) Final Grading OK Problem N/A Slope over leach area minimum of 0.02 feet/foot — 240(10) Grading shall divert drainage away from leach area — 240(l 1) Grading slopes away from dwelling 5/24/01 g/dav & 247(2) f./office/forms/tonackltr.doc 0 Town of North Andover Office of the Conservation. Department Community Development and Services Division Julie Parrino Conservation Administrator July 16, 2002 Buzz Couillard 2 Lawrence Street Seabrook, NH 03874 27 Charles Street North Andover, Massachusetts 01845 RE: Lot 11 Pheasant Brook Road Dear Mr. Couillard: Telephone (978) 688-9530 Fax (978) 688-9542 This letter is in regard to your request to conduct soil testing activities on the property located at Lot 11 Pheasant Brook Road. Development of the lot was approved by the North Andover Conservation Commission on November 20, 1997. At the time of approval, site development was proposed to comply with the North Andover Wetland Protection Bylaw Regulations. No work has commenced on the property and the Order of Conditions expired on November 20, 2000. The applicant never requested an extension to the Order of Conditions. It is my understanding that the lot was never developed because unsuitable soils existed in the area of the proposed leach field. Your request is to test the soils located in the southeastern corner of the property along the front property line. The limits of the wetland resource area on the approved plan define the limits of a certified vernal pool. Changes to the North Andover Wetland Protection Act Regulations in 1998 imposed stricter setback requirements from vernal pools. Previous regulations required a 25 foot No -Disturbance Zone and a 50 foot No- Build Zone. The revised 1998 Regulations require a 50 foot No -Disturbance Zone and a 75 foot No -Build Zone. The new regulations will be imposed upon the development of this lot. Waivers are unlikely to be granted for activities within the setback zones. At this time, the Conservation Department is allowing you to proceed with soil testing activities in the southeastern corner of the property, greater than 50 feet from the wetland resource area. Testing must be conducted from the top of the slope and no tree removal is allowed during testing activities. The Conservation Administrator must be notified 48 hours in advance of soil testing activities so that activities can be supervised by Conservation Department personnel. Upon completion of testing activities, the Conservation Administrator will determine if mitigation measures are necessary to restore the disturbed areas. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions or need more specific information, please feel free to contact me. Sincere/1,, -2 Ju 'e Parrino, &nervation Administrator CC: NACC Board of Health 242-886 file NOONAN & Mc DOWELL, INC. 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 Fax (978) 671-9565 Email: nm@netway.com Date: February 7, 2002 �q i Town of North Andover Office of the Health Department Community Development and Services Division �G(t`7 27 Charles Street L North Andover, MA 01845 x RE: Subsurface Sewage.Disposal System Plan Review, 1770/ 066 Pheasant Brook Road Assessors Map 106B, Lot 229 Dear Members of the Board, Please be advised that Noonan & McDowell, Inc. has reviewed the plan dated September 24, 2000 revised: 1/9/02, By: Christiansen & Sergi. It:is our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health "By -Laws" if the following is addressed: 1) Provide name and address of owner, NA 8.02.- 2) .02: 2) Identify proposed water service as either pressure or suction. 3) Provide lengths of pipes in profile of system. 4) Provide a list of local variances needed for approval. 5) Provide beginning of trench elevation. 6) Add a note in profile to ensure at least the first two feet out of D -Box is level. 7) State the existence of surface water supplies within 400 ft., public wells within 250 ft., and public private wells within 150 ft. 8) 500 sf is minimum area for leaching area. NA 9.01(2) See note 4 above 9) On plan view add 5 ft limit around primary and reserve area for removal of unsuitable soil. 255(5) Land Surveyors Civil Engineers Environmental Planners 10) Unsuitable soil (rock) may exist_within.the five foot fill area. To ensure that four foot of natural pervious material exists it will be necessary to conduct borings or probes at the edge of the five-foot clear area. 11) The septic tank detail does not have a gas baffle on outlet pipe. 227(4) 12) Revise grading for breakout slope requirement. 17.1 ft to 138 contour. Include reserve area grading as activity is not located within the lot. 13) Provide a proposed 141.0 spot grade at septic tank area to ensure 2% slope. 240(l 0) "espectfully, xs John L. Noonan, P.L.S.-P.E. G: officeJBOH/1770066.doc Land Surveyors Civil Engineers Environmental Planners 2 NOONAN & Mc DOWELL, INC. 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 Fax (978) 671-9565 Email: nm(a,netway.com Date: February 7, 2002. Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan Review, 1770/ 066 Pheasant Brook Road Assessors Map 106B, Lot 229 Dear Members of the Board, Please be advised that Noonan & McDowell, Inc. has reviewed the plan dated September 24, 2000 revised: 1/9/02, By: Christiansen & Sergi. It:is our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health `By -Laws" if the following is addressed: 1) Provide name and address of owner, NA 8.02.- 2) .02:2) Identify proposed water service as either pressure or suction. 3) Provide lengths of pipes in profile of system. 4) Provide a list of local variances needed for approval. 5) Provide beginning of trench elevation. 6) Add a note in profile to ensure at least the first two feet out of D -Box is level. 7) State the existence of surface water supplies within 400 ft., public wells within 250 ft., and public private wells within 150 ft. 8) 500 sf is minimum area for leaching area. NA 9.01(2) See note 4 above 9) On plan view add'5 ft limit around primary and reserve area for removal of unsuitable soil. 255(5) Land Surveyors Civil Engineers IEnvironmental Planners 10) Unsuitable soil (rock) may exist_ within. the five foot fill area. To ensure that four foot of natural pervious material exists it will be necessary to conduct borings or probes at the edge of the five-foot clear area. 11) The septic tank detail does not have a gas baffle on outlet pipe. 227(4) 12) Revise grading for breakout slope requirement. 17.1 ft to 138 contour. Include reserve area grading as activity is not located within the lot. 13) Provide a proposed 141.0 spot grade at septic tank area to ensure 2% slope. 240(10) Respectfully, ,John L. Noonan, P.L.S.-P.E. G: office/BOH/1770066.doc Land Surveyors Civil Engineers 2 Environmental Planners NOONAN & Mc DOWELL, INC. 25 Bridge Street, Suite 6, Billerica, MA 01821-1023 Voice (978) 667-9736 Fax (978) 671-9565 Email: nm@,netway.com Date: February 7, 2002 Town of North Andover Office of the Health Department r ` Community Development and Services Divisions 27 Charles Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System"w Plan Review, 1770/ 066 Pheasant Brook Road Assessors Map 106B, Lot 229 Dear Members of the Board, Please be advised that Noonan & McDowell, Inc. has reviewed the plan dated September 24, 2000 revised: 1/9/02, By: Christiansen & Sergi. Itis our opinion that the proposed design will meet the requirements of Title 5 and the North Andover Board of Health `By -Laws" if the following is addressed: 1) Provide name and address of owner, NA 8.02. 2) Identify proposed water service as either pressure or suction. 3) Provide lengths of pipes in profile of system. 4) Provide a list of local variances needed for approval. 5) Provide beginning of trench elevation. 6) Add a note in profile to ensure at least the first two feet out of D -Box is level. 7) State the existence of surface water supplies within 400 ft., public wells within 250 ft., and public private wells within 150 ft. 8) 500 sf is minimum area for leaching area. NA 9.01(2) See note 4 above 9) On plan view add'5 ft limit around primary and reserve area for removal of unsuitable soil. 255(5) Land Surveyors Civil Engineers Environmental Planners 10) Unsuitable soil (rock) may exist.within.the five foot fill area. To ensure that four foot of natural pervious material exists it will be necessary to conduct borings or probes at the edge of the five-foot clear area. 11) The septic tank detail does not have a gas baffle on outlet pipe. 227(4) 12) Revise grading for breakout slope requirement. 17.1 ft to 138 contour. Include reserve area grading as activity is not located within the lot. 13) Provide a proposed 141.0 spot grade at septic tank area to ensure 2% slope. 240(l 0) Respectfully, John L. Noonan, P.L.S.-P.E. G: office/BOH/ 1770066. doc Land Surveyors Civil Engineers Environmental Planners 2 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health. Director October 30, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Lot 11 Pheasant Brook Road Dear Mr. Watsky: NORTH q OL O - T QSSACHUSkA Telephone (978) 688-9540 FAX (978) 688-9542 Your recent correspondence with this office was reviewed by the Board of Health. They have agreed to allow you to present your client's position at the next Board meeting on November 15, 2001 at 7:00 P.M. They also suggest that your client submit the most recent plan of the proposed septic system so that it may be reviewed and reported on by the septic consultant prior to the meeting. The fee for review is $160.00. As I understand it Mr. Roland Couillard intends to come to the office on Friday morning, November 2, 2001 to perform a records search. Please call me at 978-688-9540 should you have any questions. Sincerely, Sandra Stan, Public Health Director Cc: BOH R. Couillard Mark Rees, Town Manager Thomas Urbelis, Town Counsel File TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health Director October 30, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Lot 11 Pheasant Brook Road Dear Mr. Watsky: µORT" � 4 F A °g4TfO I.PP��.(5 9SSNCHU`�E� Telephone (978) 688-9540 FAX (978) 688-9542 Your recent correspondence with this office was reviewed by the Board of Health. They have agreed to allow you to present your client's position at the next Board meeting on November 15, 2001 at 7:00 P.M. They also suggest that your client submit the most recent plan of the proposed septic system so that it may be reviewed and reported on by the septic consultant prior to the meeting. The fee for review is $160.00. As I understand it Mr. Roland Couillard intends to come to the office on Friday morning, November 2, 2001 to perform a records search. Please call me at 978-688-9540 should you have any questions. Sincerely, Sandra Starr, Public Health Director Cc: BOH R. Couillard Mark Rees, Town Manager Thomas Urbelis, Town Counsel File i TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health Director October 30, 2001 Matthew Watsky East Brook Executive Park 30 Eastbrook Road, Suite 301 Dedham, MA 02026 Re: Lot 11 Pheasant Brook Road Dear Mr. Watsky: NORTh q 1 m �•9 °j+nre° �ePt,�9 SSACHUS� Telephone (978) 688-9540 FAX (978) 688-9542 Your recent correspondence with this office was reviewed by the Board of Health. They have agreed to allow you to present your client's position at the next Board meeting on November 15, 2001 at 7:00 P.M. They also suggest that your client submit the most recent plan of the proposed septic system so that it may be reviewed and reported on by the septic consultant prior to the meeting. The fee for review is $160.00. As I understand it Mr. Roland Couillard intends to come to the office on Friday morning, November 2, 2001 to perform a records search. Please call me at 978-688-9540 should you have any questions. Sincerely, Sandra Starr, Public Health Director Cc: BOH R. Couillard Mark Rees, Town Manager Thomas Urbelis, Town Counsel File cr) E 0 LL (1) 0- Z 370 627 482 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. 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'm , > CM :5 cc E E L, C's 0 'Co C'i Lu C6 '0 'M cc .4 i 6 Town of North Andover a NORTH o ,,..o OFFICE OF �? g�< a °o� COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street " North Andover, Massachusetts 01845 �yq °,r o O WILLIAM J. SCOTT North Director (978)688-9531 Fax(978)688-9542 June 28, 1999 Al Couillard DECM Essex, Inc. 660 Rogers Street Lowell, MA 01852 Re: Lot 11 Pheasant Brook Dear Mr. Couillard: Enclosed is a copy of the review of the proposed septic plan for Lot 11 Pheasant Brook performed by Port Engineering. If you choose to proceed, please call me prior to any removal of debris or other alteration to the lot. It will be necessary for Health Department staff to be present on site during any work periods. Please feel free to call the office at 978-688-9540 with any questions you may have. Sincerely, Sandra Starr, R.S. Health Administrator cc: P. Christiansen W. Scott BOH C. Brown D. Ferris File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Jun -25-99 09:34A Paul D_ Turbide, PE/PLS I June 24, 1999 Sandra Starr North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 SOB -465-0313 P.02 RE: Title V review for Lot 1 1 Pheasant Brook Road Dear Sandra, Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site. The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. o it is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7.05: "The results of the Deep Observation Holes shall expire two years from the date conducted unless the Board of Health or its agent determines that the existing soil logs are sufficiently comprehensive so as to not require additional testing, and the site has not been altered...". As agent for the town, my presumption is that the site may have been altered and therefore the said Holes have expired. On June 24, 1999 I made a site inspection of the said lot (Sandra Starr and Gayton Osgood of the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited there from an offsite source. I also observed substantial quantities of sharp angular stones, much like what one would find after blasting bedrock. Sandra Starr had in the Town's folder for this site several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24, 1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the lot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1997 blasting date. My interpretation of the photographs was that before the blasting date the area of the lot over which the leaching bed is proposed had been grubbed and the topsoil removed, leaving what looked like the B horizon with stones and boulders interspersed. The photos after the blasting date show large POR191 quantities of sharp angular cobble sized rock with very little soil showing through in I the same leaching bed area. If blasting did take place on the lot, and if the blasting ENGINEERING took place in the leaching bed area, and if the blasted rock actually mixed with the soil of the receiving layer as substantially as I interpret the photos taken after the blasting date, then I would presume that the lot has been altered and therefore the Civil Engineers X said Holes have expired. The only way to overcome my presumption that the lot Land Surveyors has been altered would be to have the owner's engineer perform the following tasks: One Harris S(rv+e, 1. If spot elevations were taken on the lot before any construction or alteration, Newburyport, MA then those spot elevations should be staked on the ground with a bean pole 01950 (978) 465-8594 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration. This would show whether fill has been placed on the lot, or existing soil has been removed. Jun -25-99 09:34A Paul D. Turbide, PE/PLS 508-465-0313 P.03 �I 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturalfy occurring pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but ".-additional testing may be required if, in the opinion of ... the approving authority, additional testing is necessary to properly assess site conditions within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CMR 15.000,") 3. The debris being stored at the site should be removed before the above two tasks are performed. Other concerns are as follows: ❑ A 6" stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) o Names of abutters must be on plan. NA 8.02J o A 24" riser/manhole must be constructed over one septic tank access port to within 6" of final grade. 310 CMR 15.228(2) ❑ The toe of the slope must stop within 5 feet from the property line or a swale must be installed. The fill appears to run right up to the stone wall that makes up the rear property line. 310 CMR 255(2). ❑ The ends of the leach lines must be capped. 310 CMR 251(9) o The cross section only shows one trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required dimensioning to build the system. If you have any questions or comments please feel free to contact me. Sincerely, Port Engineering Assoc. Inc. Carlton A. Brown, PE/PLS Pheasantlot1 l .doc y Town of North Andover Of a NORTH OFFICE OF 3a z. COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street►° North Andover, Massachusetts 01845 WILLIAM J. SCOTT SSACHUS� Director (978)688-9531 Fax(978)688-9542 June 28, 1999 Al Couillard DECM Essex, Inc. 660 Rogers Street Lowell, MA 01852 Re: Lot 11 Pheasant Brook Dear Mr. Couillard: Enclosed is a copy of the review of the proposed septic plan for Lot 11 Pheasant Brook performed by Port Engineering. If you choose to proceed, please call me prior to any removal of debris or other alteration to the lot. It will be necessary for Health Department staff to be present on site during any work periods. Please feel free to call the office at 978-688-9540 with any questions you may have. Sincerely, Sandra Starr, R.S. Health Administrator cc: P. Christiansen W. Scott BOH C. Brown D. Ferris File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Jun -25-99 09:34A Paul 0. Turbide, PE/PLS N 1 June 24, 1999 Sandra Starr North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 508-465-0313 P.O2 RE: Title V review for Lot I I Pheasant Brook Road Dear Sandra, Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site. The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. u It is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7.05: "The results of the Deep Observation Holes shall expire two years from the date conducted unless the Board of Health or its agent determines that the existing soil logs are sufficiently comprehensive so as to not require additional testing, and the site has not been altered...". As agent for the town, my presumption is that the site may have been altered and therefore the said Holes have expired. On June 24, 1999 I made a site inspection of the said lot (Sandra Stan and Gayton Osgood of the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited there from an offsite source. I also observed substantial quantities of sharp angular stones, much like what one would find after blasting bedrock. Sandra Starr had in the Town's folder for this site several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24, 1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the lot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1997 blasting date. My interpretation of the photographs was that before the blasting date the area of the lot over which the leaching bed is proposed had been grubbed and the topsoil removed, leaving what looked like the B horizon with stones and boulders interspersed. The photos after the blasting date show large Im quantities of sharp angular cobble rock with very little soil showing through in FOsized RT the same leaching bed area. If blasting did take place on the lot, and if the blasting ENGINEERING took place in the leaching bed area, and if the blasted rock actually mixed with the soil of the receiving layer as substantially as I interpret the photos taken after the blasting date, then I would presume that the lot has been altered and therefore the Civil Engineers & said Holes have expired. The only way to overcome my presumption that the lot Land Surveyors has been altered would be to have the owner's engineer perform the following tasks: One Harris Street 1. If spot elevations were taken on the lot before any construction or alteration, newburyport, tita then those spot elevations should be staked on the ground with a bean pole 01950 (9^,R) 465-959.1 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration_ This would show whether fill has been placed on the lot, or existing soil has been removed. Jun -25-99 09:34A Paul D. Turbide, PE/PLS 508-465-0313 P.03 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturalfy occurring pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but "...additional testing may be required if, in the opinion of ... the approving authority, additional testing is necessary to properly assess site conditions within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CMR 15.000.") 3. The debris being stored at the site should be removed before the above two tasks are performed. Other concerns are as follows: ❑ A 6" stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) o Names of abutters must be on plan. NA 8.02J a A 24" riser/manhole must be constructed over one septic tank access port to within 6" of final grade_ 310 CMR 15.228(2) ❑ The toe of the slope must stop within 5 feet from the property line or a swale must be installed. The fill appears to run right up to the stone wall that makes up the rear property line. 310 CMR 255(2). a The ends of the leach lines must be capped. 310 CMR 251(9) o The cross section only shows one trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required dimensioning to build the system. If you have any questions or comments please feel free to contact me. Sincerely, Port Engineering Assoc. Inc. Carlton A. Brown, PE/PLS Pheasantlot 11. doc TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 SANDRA STARR, R.S., C.H.O. Health Director October 27, 2000 Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Dear Mr. Christiansen: NOFTF� O`t��ao tib g7rA �9SSACMU`��S Telephone (978) 688-9540 FAX (978) 688-9542 On October 26, 2000 plans for a proposed septic system for a new dwelling at Lot 11 Pheasant Brook were submitted to this office. The design is for a two-bedroom house, and the single trench is sited directly over TP 4-00, an area of buried stumps and fractured rock. Because of the previous reports from North Andover's engineering consultant and because of the Soil Suitability Assessment for On-site Sewage Disposal done on May 17, 2000 by staff of your office, the entire package, including check is being returned to your client. Included with the submittal package are the following: 1. Site Evaluation forms stating that four feet of naturally occurring pervious material does not exist in all areas proposed for the soil absorption system. 2. Copies of previous reports on this lot submitted by the Town's engineering consultant. 3. A copy of section 15.240(1) of 310 CMR 15.000 Title 5 that mandates at least a four foot depth of naturally occurring soil below the absorption area. 4. A copy of section 15.415(1) of 310 CMR 15.000 Title 5 that prohibits a variance from the requirement of four feet of naturally occurring pervious material for new construction. 5. A copy of section 9.01(2) of the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage stating that there must be a minimum of two trenches for new construction. 6. A copy of section 9.01(4) of the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage stating that the minimum capacity for a septic system must be able to accommodate an average daily flow of 440 gallons. These reports and cited regulations, plus the limited distance to wetlands, in this case, a vernal pool, indicate that Lot 11 Pheasant Brook, ak.a. as Evergreen Estates, is not a suitable site for the location of an individual septic system. If yowhave any concerns, please call this office at 978-688-9540. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Cc: D.E.C.M. Essex, Inc. BOH DEP — D. Ferris W. Scott H. Griffin B. LeGrasse File v TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 SANDRA STARR, R.S., C.H.O. Health Director October 27, 2000 Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Dear Mr. Christiansen: � NORTk A O t��ao sa ~O O p .� bx SSACHus� Telephone (978) 688-9540 FAX (978) 688-9542 On October 26, 2000 plans for a proposed septic system for a new dwelling at Lot 11 Pheasant Brook were submitted to this office. The design is for a two-bedroom house, and the single trench is sited directly over TP 4-00, an area of buried stumps and fractured rock. Because of the previous reports from North Andover's engineering consultant and because of the Soil Suitability Assessment for On-site Sewage Disposal done on May 17, 2000 by staff of your office, the entire package, including check is being returned to your client. Included with the submittal package are the following: 1. 'Site Evaluation forms stating that four feet of naturally occurring pervious material does not exist in all areas proposed for the soil absorption system. 2. Copies of previous reports on this lot submitted by the Town's engineering consultant. 3. A copy of section 15.240(1) of 310 CMR 15.000 Title 5 that mandates at least a four foot depth of naturally occurring soil below the absorption area. 4. A copy of section 15.415(1) of 310 CMR 15.000 Title 5 that prohibits a variance from the requirement of four feet of naturally occurring pervious material for new construction. 5. A copy of section 9.01(2) of the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage stating that there must be a minimum of two trenches for new construction. 6. A copy of section 9.01(4) of the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage stating that the minimum capacity for a septic system must be able to accommodate an average daily flow of 440 gallons. These reports and cited regulations, plus the limited distance to wetlands, in this case, a vernal pool, indicate that Lot 11 Pheasant Brook, a k.a. as Evergreen Estates, is not a suitable site for the location of an individual septic system. If you have any concerns, please call this office at 978-688-9540. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Cc: D.E.C.M. Essex, Inc. BOH DEP — D. Ferris W. Scott H. Griffin B. LeGrasse File ,syr►-cam-7� vy:.S94-ea Frau I D. Turbide, PE/PLS June 24, 1999 Sandra Starr ,North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 508-465-0313 RE: Title V review for Lot I 1 Pheasant Brook Road Dear Sandra, Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site. The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. P.02 u It is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7.05: "Thexesults of the Deep Observation Holes shall expire two years from the date conducted unless the Board, of Health or its agent determines that the existing soil logs ;are ufficiently, comprehensive so as to not require,additional testing, Land .the site bas not been altered... ". As agent for the town, my presumption is that the site may have been altered and therefore the said Holes have expired. On June 24, 19991 made a site inspection of the said lot (Sandra Starr and Gayton Osgoodof the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited there from an offsite source. I: also observed substantial quantities of sharp angular stones, much like what one would Pfld after:blasting bedrock. Sandra Sian: hadr:.in.the Town's folder for this site several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24, 1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the tot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1-997 blasting date. My interpretation of the photographs was that before th .,blasting date the area- ofthe lot over which the;leaching bed.is proposed had been -grubbed and the topsoil removed, leaving what looked like the B horizon DT with.stones and boulders interspersed. The photos after the blasting date show large Poll quantities of sharp angular cobble sized rock with very little soil showing through in I the same leaching bed area. If blasting did take place on the lot, and. if the blasting �UIIY��.0 took place in the leaching bed area, and if the blasted rock actually mixed with the soil of the receiving layer as substantially as I interpret the photos taken after the blasting date, then 1 would presume that the lot has been altered and therefore the Civil Engineers & said Holes have expired. The only way to overcome my presumption that the lot Land Surveyors has been altered would be to have the owner's engineer perform the following tasks: onr. Harris Street 1. If spot elevations were taken on the lot before any construction or alteration, Newbu ]9 Urt, M1L4 then those spot elevations should be staked on the ground with a bean pole (978) 465-559.4 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration. This would show whether fill has been placed on the lot, or existing coil has been removed. . .'25-99 09._34A Paul D_ Turbide, PE/PLS 508-465-0313 P'_03 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturally occurring .pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but "..:additional testing -may be.required .if, .in .the opinion of .... the approving authority, additional testing is necessary to properly assess site conditions. within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CNM.15.000. ") 3. The debris being stored at the site should be removed Before the above two tasks are performed. Other concerns are as follows: ❑ A 6' stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) o Names of abutters must be on plan. NA 8.02J ❑ A 24" riser/manhole must be constructed over one septic tank access port to within 6" of final grade. 310 CMR 15.228(2) ❑ The toe of the slope must stop within 5 feet from the property line or a swale must be installed. The fill appears to run right up to --`the stone wall that makes up the rear pioperty line. 31&C14MR 255(2). b The ends of the ]each:' -lines must be capped. 310 CMR'25;1(9) ❑ The cross section only shows one,trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required dimensioning to build the system. If you have any questions or comments please feel'free to .contact me. Sincerely, Port Engineering Assoc.Inc. , ;;, z4A,, Carlton A. Brown, PE/PLS Phea:santiotl i:doc —Ito uJ:.54H tau i D. Tut -bide, PE/PLS 508-465-0313 P.02 June 24, 1999 Sandra Starr North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 RE: Title V review for Lot 1 1 Pheasant Brook Road Dear Sandra, Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site_ The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. u It is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7.05: "The..results. of the Deep Observation Holes shall expire'two years from the date conducted vnless the Board of Health or its agent determines that the existing soil, logs are sufficiently. comprehensive so as to not require; additionaltesting, •and the sitebas-not been altered..:". As agent for the town, my presumption is that the site may have been altered and therefore -the said Holes have expired. On June 24, 1999 I made a site inspection of the said lot (Sandra; Starr and Gayton Osgood of the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited there from an offsite source. I also observed substantial quantities of sharp angular stones, much like what one. would-frnd:aifer blasting bedrock. Sandra Siam had-; in the Town's folder for this site several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24,.1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the lot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1997 blasting date. My interpretation of the photographs was that before the blasting date the area .of the lot over which the.leaching,bed,is proposed had been -grubbed and the topsoil removed, leaving what looked like the B horizon with stones and boulders interspersed. The photos after the blasting date show large PODT quantities of sharp angular cobble sized rock with very little soil showing, through in It I the same leaching bed area. If blasting did take place on the lot, and if the blasting took place in the leaching bed area, and if the blasted rock actually mixed with the soil ofthe receiving layer as substantially as I interpret the photos taken after the blasting date; then. 1. would presume that the lot has been altered and therefore the Civil Engineers R said Holes have expired. The only way to overcome my presumption that the lot Land surveyors has been altered would be to have the owner's engineer perform the following tasks: Onr Harris Street 1. If spot elevations were taken on the lot before any construction or alteration, Newburyport, MA then those spot elevations should be staked on the ground with a bean pole (978) 465-8594 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration_ This would show whether fill has been placed on the lot, or existing soil has been removed. 09..34A Paul D. Turbide, PE/PLS 508-465-0313 P_©3 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturally occurring _pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but "...additional testing may be _required .if, .in .the opinion of ... the approving authority, additional testing is necessary to properly assess site conditions, within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CNM.15.000. ") 3. The debris being stored at the site should be removed before the above two tasks are performed. Other concerns are as follows: o A 6" stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) o Names of abutters must be on plan. NA 8.02J o A 24" rises/manhole-must be constructed over one septic tank access port to within 6" of final grade. 310 CMR 15.228(2) o The toe of the slope must stop within 5 *feet from the property line or a swale must be installed. The fill appears to run right up to the stone wall that makes up the rear property line. 310 CNM 25'5(2) { b The ends of the`leach'lines must be capped. 3 l0 CMR 251(9) o The cross section only shows one.. -trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required. dimensioning to build the system. If you have any questions or comments please feeFftee to contact me_ Sincerely, Port Engineering Assoc. Inc. a, -Z 4 4, Carlton A. Brown, PE/PLS Pheasantlot l l .doc Vy:.541A Nau 1 D. Turbide, PE/PLS 508-465-0313 June 24, 1999 Sandra Stan North Andover Board of Health Administrator Office of Community Development and Services 30 School St. North Andover, MA 01845 RE: Title V review for Lot I 1 Pheasant Brook Road Dear Sandra, P.02 Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site_ The following is a list of all the `Problem' areas and deficiencies Port Engineering has found. v It is my professional opinion that the Deep Observation Holes have expired. According to "North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage" Section 7,05: "Theresults of the Deep Observation Holes shall expire two years from the date conducted:unless the Board of Health or its agent determines -that the existing soil logs,are sufficiently comprehensive so as to not require`additional •testing, •and the site has=not been altered.:.". As agent for the town, my presumption is that the site may, have been altered and therefore the said Holes have expired. On June 24, 1999 I made.a site inspection of the said lot (Sandra Starr and Gayton Osgood, of the Board of Health and David Ferris of the DEP were also present). In the area of the proposed leaching bed I observed large boulders and rubble that probably were deposited therefrom an offsite source. I also observed substantial quantities of sharp angular stones, much like what one would find: after blasting bedrock. Sandra Starr had in the Town's folder for this' sete several further pieces of evidence about possible alteration of the site. One was a copy of a blasting permit dated December 23, 1997 for a blasting start date of December 24,.1997. There were a series of photographs of the site with a date of December 19, 1997, which would show the condition of the lot before any blasting. Another series of pictures dated March 31, 1998 showed conditions of the lot after the December 24, 1997 blasting date. My interpretation of the photographs was'that before the blasting date the area of the lot over which the leaching .bed: is. proposed had beensrubbed and the topsoil removed, leaving what looked like the B horizon with 'stones and boulders .interspersed. The photos after the blasting date show large PORT giiantities of sharp angular cobble sized rock with very little. soil showing..through in the same leaching bed area. If blasting did take place on the lot, and if the blasting took place in the leaching bed area, and if the blasted rock actually mixed with the LIYU�LLi�W soilof the receiving layer as substantially as i interpret the photos taken after the blasting date, then I. would presume that the lot has been altered andtherefore the Civil Fngineere & said Holes have expired. The only way to overcome my presumption that the lot Land Surveyors has been altered would be to have the owner's engineer perform the following tasks: One. Harris Streo 1. if spot elevations were taken on the lot before any construction or alteration, Newb ryUrt, MA then those spot elevations should be staked on the ground with a bean pole MR) 465-8594 or other marker showing the horizontal location of the shot, and the elevation of the original ground at that point before any alteration_ This would show whether fill has been placed on the lot, or existing soil has been removed. N=25-99 09:34A Paul D_ Tuvbide, PE/PLS 508-465-0313 P_O3 2. New test pits should be dug to show that there exists under the proposed leaching bed, four feet of naturally occurring pervious material (note that 310 CMR 15.102(2) states a minimum of two deep observation holes are required, but "..:additional .testing -may- be -required if, in the opinion of _.. the approving authority, additional testing is necessary to properly assess site conditions within the proposed location to ensure that it can be installed entirely on soils and slopes in conformance with the requirements of 310 CNM.15.000.") 3. The debris being stored at the site should be removed before the above two tasks are performed. Other concerns are as follows: o A 6' stone base must be placed beneath the d -box and beneath the septic tank. 310 CMR 221(2) and 228(1) o Names of abutters must be on plan. NA 8.02J o A 24" riser/manhole-must be constructed over one septic tank access port to within 6" of final grade. 310 CMR 15.228(2) o The toe of the slope must stop within 5 feet from the property line or a swale must be installed. The fill appears to run right up to -the stone wall that makes up the rear p`r`operty line. 31 O�CMR 255(2). o The ends of the leach lines must be capped. 3 I0 CN 2-5J (9) u The cross section only shows one..trench. The cross section should show the two proposed leaching trenches and the two proposed reserve areas, with dimensioning between these items so that an installer has the required dimensioning to build the system. If you have ariy-questions or comments please feet' -free to contact me_ Sincerely, Port Engineering Assoc. Inc. Carlton A. Brown, PE/PLS Pheasantlot l i :doc TOWN OF NORTH ANDOV*R HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health Director February 27, 2002 Philip Christiansen Christiansen and Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Road Dear Mr. Christiansen: Telephone (978) 688-9540 FAX (978) 688-9542 This letter comes to notify you that according to our engineering consultant the plans for the proposed septic system construction at the site noted above have technical deficiencies that must be addressed: These are: 1. Beginning trench elevation missing. 2. Identify proposed water service as eitherpressure or suction. 3. Provide lengths of pipes in profile of system. 4. Provide a list of local variances needed for approval. 5. Provide beginning of trench elevation. 6. Before final plan approval it will be necessary to provide proof that four feet of natural pervious material exists- beneath the entire leach area and the reserve as required by Title 5 and local regulations. 7. A note in profile. view is required stating that the first two feet out of the D -box must be level. 8. Identify and label all wetlands within 200' of the site. 9. Note that 500 square feet is the minimum area allowed for leaching area. NA 9.01( 10. On plan view add 5' limit around primary and reserve area for removal of unsuitable soil. 255(5) 11. Missing spot grade at tank showing 2% slope. 240(l 0) 12. Revise grading for breakout slope requirements and include reserve area grading since activity is not located within the lot. ` Please remember that all resubmission require a $60.00 review fee. If you have any questions, please do no hesitate to call me at 978-688-9540. Sincere --Sandra Starr, Director Cc: Owner File TOWN OF NORTH .ANDOVM HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandra Starr Public Health Director February 27, 2002 Philip Christiansen Christiansen and Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Road Dear Mr. Christiansen: E NORTh A r•� �9SSRC14 S Telephone (978) 688-9540 FAX (978) 688-9542 This letter comes to notify you that according to our engineering consultant the plans for the proposed septic system construction at the site noted above have technical deficiencies that must be addressed: These are: 1. Beginning trench elevation missing. 2. Identify proposed water service as eitherpressure or suction. 3. Provide lengths of pipes in profile of system. 4. Provide a list of local variances needed for approval. 5. Provide beginning of trench elevation. 6. Before final plan approval it will be necessary to provide proof that four feet of natural pervious material exists beneath the entire leach area and the reserve as required by Title 5 and local regulations. 7. A note in profile view is required stating that the first two feet out of the D -box must be level. 8. Identify and label all wetlands within 200' of the site. 9. Note that 500 square feet is the minimum area allowed for leaching area. NA 9.01(2) 10. On plan view add 5' limit around prunary and reserve area for removal of unsuitable •soil. 255(5) 11. Missing spot grade at tank showing 2% slope. 240(10) 12. Revise grading for breakout slope requirements and include reserve area grading since activity is not located within the lot. Please remember that all resubmission require a $60.00 review fee. If you have any questions, please do no hesitate to call me at 978-688-9540. Sincerlir; --Sandra Starr, Director Cc: Owner File i ti TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Sandrit Starr Public Health Director February 27, 2002 Philip Christiansen Christiansen and Sergi 160 Summer Street Haverhill, MA 01830 Re: Lot 11 Pheasant Brook Road Dear Mr. Christiansen: NORTh q •s 1 no �9SSncNUS Telephone (978) 688-9540 FAX (978) 688-9542 This letter comes to notify you that according to our engineering consultant the plans for the proposed septic system construction at the site noted above have technical deficiencies that must be addressed: These are: 1. Beginning trench elevation missing. 2. Identify proposed water service as either pressure or suction. 3. Provide lengths of pipes in profile of system. 4. Provide a list of local variances needed for approval. 5. Provide beginning of trench elevation. 6. Before final plan approval it will be necessary to provide proof that four feet of natural pervious material exists beneath the entire leach area and the reserve as required by Title 5 and local regulations. 7. A note in profile view is required stating that the first two feet out of the D -box must be level. 8. Identify and label all wetlands within 200' of the site. 9. Note that 500 square feet is the minimum area allowed for leaching area. NA 9.01 (Z), 10. On plan view add 5' limit around primary and reserve area for removal of unsuitable soil. 255(5) 11. Missing spot grade at tank showing 2% slope. 240(l0) 12. Revise grading for breakout slope requirements and include reserve area grading since activity is not located within the lot. ' Please remember that all resubmission require a $60.00 review fee. If you have any questions, please do no hesitate to call me at 978-688-9540. Sincergll -Sandra Starr, Director Cc: Owner File ' FORM 11 -SOIL EVALUATOR FORM Page 1 of 3 Date: 5 7 �-1 Commonwealth of Massachusetts �JprL,7-1( 1VgV(Vit , Massachusetts // .. .• n •1 __L!7_•a.. A ....�nni..ns7f Tnr / /_City .00wn0r,Q Disnosal :k Performed By � .N�h c.....�.W t.N.t �..,..C.�IVUSa"►dlti L� . r.. 5,�tz j /N C . Date: Witnessed By: C�6? h 4. r�N.....'�C-�(<✓ . , l,owion Address a C. �T f l }ti I /!�%lllL l �: Owner's Name. � l: C' `� )i Address. and N Z L'� Telephom 0 LewConstruction Repair 11t -¢ - E�iG& Office Review Published Soil Survey Available: No ❑ Yes • Year Published t..1..c`�..L...., Publication Scale l ' /S �34P Soil Map Unit C r C•........... ,4 Drainage Class W" �ruifk( V... Soil Limitations Surficial Geologic Report Available: No ❑.f' Yes ❑ Year Published _ : Publication Scale Geologic Material (Map Unit) ....... ....................... -- ............................................ ................................. ... . .............................. Landform.......................................................................................... ............................................................. . .................... . .. Flood Insurance Rate Map: Above 500 year flood boundary No ❑ Yes ❑'� Within 500 year flood boundary No R Yes ❑ Within 100 year flood boundary No 21Yes ❑ Wetland Area: National Wetland Inventory Map (map unit) ......................................................................... ........................ Wetlands Conservancy Program Map (map unit) ................ ......... ............................................... ..... ........... :...... Current Water Resource Conditions (USGS): Month Ranee :Above Normal ❑Normal ❑Bele• Normal ❑ Other References Reviewed: — JUN 7 DEP APPROVED FORM - 12/07!95 �� FORA 11 - SOIL EVALUATOR FORM Page 3 of 3 Location Address or Lot No. % OT // P/101- it f l �i�IC JL04%J Determination for Seasonal High Water Table Method Used: ❑ Depth observed standing in observation hole .......... inches ❑ Depth weeping from side of observation hole ........ inches ❑ Depth to soil mottles .: inches ❑ Ground water adjustment ................... feet Index Well Number .................. Reading Date ................. Index well level ................ Adjustment factor ................... Adjusted ground water level ....................................................... I N ",UTS s Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? /\/ O If not, what is the depth of naturally occurring pervious material? D - -21 Certification I certify that on /tom/, ¢ (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Jn Signature -I:'li Date S / G0 DEP APPROVED FOR,11 - 12/07/95 N 734 136 136 1 ` i BENCHMARK: \ SPIKE SET /N B" BIRCH \ ELEV. = 135.06 I, PRSED GRADING EASEOPOMENT / I I / / 134 / / LOT, 10 / 1 / / / / / 736 136 I" 134 / 1 P v7 -e ti%TF1 2-G i TP 3-001 � TPak o�� 2 l/N 10 °1p: h \1 134 / 736 136 / / 134 PLAN SCALE. 1" = 40' 'T /-SXL LOG LOCATION B7 11_ - I I I 35' / Q3 TP it -00 \ / / Iv, l I AREA = 1.22 ACRS 5 AS -134 136 V Ak AL / 1 11 I II I II I I 1 1 / 1 I / I I / I I rl•� ,' 1 1 \ K ` 136 I NOTE. THE TEST PITS DESIGNATED I BY THE " TPS% " LABEL SHOWED REFUSAL AT 3' TO 5' DEPTHS AND 134 WERE ABANDONED WITHOUT COMPLETE SOIL LOGS. Location Address or Lot i�o. V FOILNi 11 - SOIL EVALUATOR FORM Page 2 of 3 On-site Review Deep Hole Number Date:I �f U J Time: lli 3 v Weather 5 y Nnv '� Location (identify on site plan 0 3 -`U Surface Stones f;L,)r,.,J i S NL! Land Use y �c;� �5.. Slope (/o) Vegetation ......... ..:..:... . Landform : Position on landscape (sketch on the back( - Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLELOG 50;rC (� �r � tiw, c-)lvvC�z U;✓ iYJi Depth from Surface (Inches) Soil Horizon Soil Texture Soil Color Soil (USDA) (Munsell) Mottling Other (Structure, Stones, BouldGraveers, Consistency, C 1j1 p/% DepthtoBedrock: Parent Material (geologic) Depth to Groundwater: Standing Water in the Hole: .S r f Weeping from Pit Face: -- Estimated Seasonal High Ground Water: I'v ;0 1�/�t,� r U� A77 -- TES j P I( Iii nl 5 r �a 1 DEP APPROVED FORM - 12107/95 FORM 11 - SOIL EVALUATOR FORM Page 2of3 Location Address or Lot No. C O l' "� Hct �iN r � 9-9 r� U�9'✓J On-site Review Deep Hole Number-� U U Date:. �, L 0 Time: Weather Location (identify on site plan) Land Use - Slope M Surface Stones Vegetation ...... .:.... . Landform Position on landscape (sketch on the back) - Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE OG' Depth from Soil Horizon Soil Texture Soil Calor Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, Surface (Inches) Gravel) OPO 5 :D DISMIS7AL AREA DepthtoBedrock: Parent Material (geologic) - Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: JY)T DEP APPROVED FOR,Nt - 12107/95 i FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot (Jo. L� l I 2612W1 giLc�Cii� r` On-site Review 3 Date:. 7.)171/00 Time: Weather Deep Hole Number ... I Location (identify on site plan) ..... Land Use _ Slope (%) Surface Stones Vegetation Landform . Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well . feet Other DEEP OBSERVATION HOLE'_OG Depth from Soil Horizon Soil Texture Soil Color Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistenc Surface (Inches) y, H C Parent Material (geologic) DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: DEP APPROVED FORM - 12107/95 FORINT 11 - SOIL EVALUATOR FORR1 Page 2 of 3 Location Address or Lot NO. On-site Review Deep Hole Number 700 Date:. /� .�/OJ Time: Weather Location (identify on site plan) - Land Use . Slope (%) Surface Stones Vegetation _.. Landform .. Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE 'OG* Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % Grave►sc;�t,���tS 14 Dfo-sdi( (I^osSf�SLy W i71'lit. C�L� p r i ) M f9-��ivL L===.=�_n ��MUM ��OF2 H ��LES R �QUIRED��� PROPOSED ul�iPOSAL ARE Parent Material (geologic) _ DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: -- Estimated Seasonal High Ground Water: DEP APPROVED FORM - 12!07/95 Location Address or Lot No. t'.0 ( FORM 11 - SOIL EVALUATOR FORM Page 2of3 On-site _Review Deep Hole Number 5-00 Date:. Location (idertify on site plan) - Land Use Slope (%) Vegetation Landform .. -.:.. . Position on landscape (sketch on the back) ..... Distances from: Open Water Body feet Drai Possible Wet Area feet Prop Drinking Water Well . feet 0th nage way feet erty Line feet er DEEP OBSERVATION HOLE LOG* Depth from Soil Horizon Soil Texture Soil Color Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, Surface (Inches) Gravel) LEGE tt T IH(Z;0k.4 C.�rCO T I� Parent Material (geologic) - DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: Estimated Seasonal High Ground Water: } j DEP APPROVED FORTE • 12/07/95 No. FORM 11 - SOIL EVALUATOR FORiv1 Page 1 of 3 Commonwealth of Massachusetts Nor,7-14 14mod1li/- ' , Massachusetts ;r c,.;toh;Htv A vov.cment for On-site Sewc Performed By:.. .NAL.(.....0"k4, .it. ...,..Cl. .. — 61tiiGiJ...:r...S.fcZ0I /VC. Date iJg In! �i............................................... .....Witnessed B ...... Date: L r � � .............................................. r ! r P yj�%Hti. 6lta JK /Z-47. Oww's Name. Addrus. and ,✓ t C M l; Z i'� 660 JI,06e"'j s r ew Construction Repair ❑ `( 7 b - ¢r4 - 6ci (� GJ Office Review Published Soil Survey Available: No ❑ Yes Year Published .`.l.c..1...... Publication Scale �Sc.�34:`D Soil MaUnit Cr -....... -� Drainage ClasslnJnL,(- gr_jilN.t'V... Soil Limitations G�4►2(�.ri.....S:Nuck...bt%+"�1.1...%b.....1�--�C�C ................... Surficial Geologic Report Available: No a Yes ❑ Year Published Publication Scale ........................... Geologic Material (Map Unit) Landform.......................................................................................................................................................................................................... Flood Insurance Rate Map: Above 500 year flood boundary No ❑ Yes 'Q Within 500 year flood boundary No 21Yes ❑ Within 100 year flood boundary No UYes ❑ Wetland Area: ......................... National Wetland Inventory Map (map unit) .._................................................................ . Wetlands Conservancy Program Map (map unit) ........................................... Current Water Resource Conditions (USGS): Month Rance :Above Normal ❑Normal ❑ Belc-•i Normal ❑ Other References Reviewed: DEP APPROVED FOR.N1 - 12/07195 0 JUN 27 1 `I DORM 11 - SOIL L:VALUATOR FORM Page 3 of 3 Location Address or Lot No. ((;'T // �',ir7 l�tir_ 111Lode IWAV Determination for Seasonal Nigh Water Table Method Used: ❑ Depth observed standing in observation hole .......... .. inches ❑ Depth weeping from side of observation hole.. ...... inches ❑ Depth to soil mottles inches ❑ Ground water adjustment ................... feet Index Well Number .................. Reading Date ................. Index well level ..........:. . Adjustment factor ................... Adjusted ground water level ....................................................... Si1W� t,ti�I�i)%t1Mtalt► t� YjT-S (-'FjolbyU4 C70, IDepth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? h1.0 If not, what is the depth of naturally .occurring pervious material? -7 Certification I certify that on /61/q (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signatures Date WU� DEP APPROVED FOR%% - 12/07/95 M 134 136 136 ` BENCHMARK: \ \ SPIKE SET /N 8' BIRCH \ ELEV. = 135.06 PRSED I GRADING EASEMENOPOT / / 134 / / LOT, 10 / / / / / / 134 132 1 130 � 1 � I \ •o I \\ \£ I � \ \N 105 04, \ \ I p` -SOIL LOG r \ Vi 'PT 5. j LOCAFiON 87,5 geQ Jill T,92-00 i TP ,3-001 ® / � Tp* o /W �1n / AREA = 1.22 ACRS, IL & i -134 136 , I I s2B / / � �•• ,, 134 /' 1 i � 156 134 // •,t/ \�1 �J� / / / '�. 136 '= ' 0 136 134 PLAN ` SCALE: 1' = 40' , 134 134 II I II I II 1 I I I I 1 I / I 1 / 1 I -1 •R9'I 1 K ` 136 I I NOTE. THE TEST PITS DESIGNATED I BY THE " TP* " LABEL SHOWED REFUSAL AT 3' TO 5' DEPTHS AND 134 WERE ABANDONED WITHOUT COMPLETE SOIL LOGS. I FORINT 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot IJo. CJ aN i On-site Review �I 0 l t✓ 3 U Weather 5 y NN Deep Hole Number i �.C).� Date:. Time: Location (idertify on site plan) Slope (%) 3 "'b Surface Stones I;l .�r„J ! Land Use S �N�S Vegetation .............. ......:,......:... .. . Landform Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE _OG' 5 0;; C. 6-oG- �r � N J a, CO )vv (72 U i i i Pi i Depth from Soil Horizon Soil Textfe Soil Other Surface (Inches) (USDAMottling (Structure, Stones, Bounders, Consistency, % C ¢ S L&wlIA/ � M�SIu�, f�l2r6A�L� 1��` G61t.MW3J1��! ��i -7 V j2L=M�7 ��n ok c'a vj -7 7/ Parent Material (geologic) L �— DepthtoBedrock: t Depth to Groundwater: Standing Water in the Hole: �.S r! Weeping from Pit Face: — Estimated Seasonal High Ground Water: 1. - 1� 1 v4 A TES r DEP APPROVED FORM - 12/07195 i FORM 11 - SOIL EVALUATOR FORM Page 2of3 Location Address or Lot Ao. CO! �� �'l� Fh�11`►� l7,�C'fC l�t}a9,✓J On-site Review Deep Hole Number Z " U (� Date:. 1 �. i' L 0 Time: Weather Location (identify on site plan) "' Land Use .. Slope (%) Surface Stones Vegetation .......,..:. .::.::.:.... . Landform .. . Position on landscape (sketch on the back) - Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well . feet Other - DEEP OBSERVATION HOLE _OG' Depth from Soil Horizon Soil Texture Soil Color Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % Surface (Inches) C)F� r- IL ROPO 5 Parent Material (geologic) _ DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: jY,T p; T la DEP APPROVED FORM - 12/07/95 FORM 11 - SOIL EVALUATOR FORNI Page 2 of 3 Location Address or Lot AO. COT I I On-site Review 3 �.� Date:. 7 00 Time: Weather Deep Hole Number Location (idertify on site plan) .::::.. .::...:..:......:..... Land Use __ Slope (%) Surface Stones Vegetation ...:.....:...... Landform Position on landscape (sketch on the back) - Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well .. . feet Other -: DEEP OBSERVATION HOLE 'OG' Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, BouldGraveers, Consistency, % � f L>< 191 H C Parent Material (geologic) DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: �J T �� (I vl •U � � � t i+ �s C.lz DEP APPROVED FORM - 12/07/95 FOR 111 - SOIL EVALUATOR FORINT Page 2 of 3 Location Address or Lot No. LLT 11 On-site Review Deep Hole Number 4:.".QQ Date:. 1>/� .�/O0 Time: Weather Location (idertify on site plan Land Use Slope (%) Surface Stones Vegetation Landform Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE LOG' Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (InchInches) (USDA) (Munsell) Mottling (Structure, Stones,Gravlel)rs, Consistency, 4 (roSSij5Ly W j M/ t/ OLS r,; f,vsy�GlCr�vT r";grLFiUi EVERY PRQPU6LUU1Z:,tU�)ALA-REA Parent Material (geologic) Depth to Groundwater: Standing Water in the Hole: Estimated Seasonal High Ground Water: 5T 1o(T. UEP .APPROVED FORM - 12!07!95 DepthtoBedrock: Weeping from Pit Face: L4 N S"Li` f ii9-'1 L it I FOP -M 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot No. (fJ ( On-site Review 5'va Date:.. ...... Time: Weather Deep Hole Number - .... ......... . Location (idertify on site plan Land Use Slope (%) Surface Stones { .... ....:...,..... .... ... Vegetation .....: ..... . Landform .. Position on landscape (sketch on the back) . Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE :.OG` Depth from Soil Horizon Soil Texture Soil Color Soil Other (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % Surface (Inches) 119a'ok,(6�C-1T %94T'��. Parent Material (geologic) DepthtoBedrock: - Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: DEP APPROVED FORM - 12/07195 t 1 - - FORM 11 - SOIL EVALUATOR FORM Page 1 of 3 Date: � t u, No. 7 Commonwealth of Massachusetts 1q-tq'ZV 1Z- , Massachusetts Soil Suitability Assessment for On-site Sewage Disposal �.N.ll,.(....4t1 (,/NC. Date: S-// ?AU .............. �C%¢?Performed By:..... h 4.�2�"�.....5r �✓^�;...... r�U;L� .dui rv. Fwcr->, :........................... I............ ......................_ .............. Witnessed ........... d By L4ocauon Address a L. F1 Nti -6p j a'C (Z4. Owner's Name. r✓ t C � �r � � �x , N Address. and /�C �,7 t 66 Z �" !O(o r.�E 2- Telephone / Lew Construction Repair ❑ ¢r4 - 6�i&Co Office Review Published Soil Survey Available: No ❑ Yes Year Published I...1..c`5..1...... Publication Scale / : /S �.4:� Soil Ma Unit C r c........... .. Drainage ClassVJ"-- ... Soil Limitations t k4f! t,.i.... s.:N ' c , .. � 11 _. ........................ Surficial Geologic Report Available: No a Yes ❑ Year Published Publication Scale Geologic Material (Map Unit)................................................................................................... Landform ............................................ ............................................................................................................................... .. .............................. Flood Insurance Rate Map: Above 500 year flood boundary No ❑ Yes Z Within 500 year flood boundary No [ Yes ❑ Within 100 year flood boundary No LJYes ❑ Wetland Area: National Wetland Inventory Map (map unit) .............. .................................................... ........... Wetlands Conservancy Program Map (map unit) ................................................................................................. Current Water Resource Conditions (USGS): Month Ranee :Above Normal ❑Normal E]Belcl-v Normal ❑ Other References Reviewed: DEP APPROVED FOR.N1 - 12/07/95 N FORM 11 - SOIL EVALUATOR FORM Page 3 of 3 Location Address or Lot No. ( CIT // P/104w r llt,)be IL0 40 Determination for Seasonal High Water Table Method Used: ❑ Depth observed standing in observation hole .......... inches ❑ Depth weeping from side of observation hole ....... ... inches ❑ Depth to soil mottles inches ❑ Ground water adjustment ................... feet Index Well Number .................. Reading Date .................. Index well level .............. Adjustment factor .................. Adjusted ground water level ................................................... Si1►•1� r �� r tlM ran � 111 J= JFi0'17)1'14J EV A Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? N U If not, what is the depth of naturally occurring pervious material? Certification I certify that on 19 (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. J Signature rwL Date S G� DEP APPROVED FORM - 12/07/95 N 134 136 136 I ` , `BENCHMARK. \ SPIKE SET /N B" BIRCH \ V. = 135.06 \\ PROPOSED GRADING EASEMENT / 1 I , I/ / I 134 \ / / LOT 10 / / / / / xP 5-00 X I �(75p 11-4 TP* Tp 1 j p V1 -B a/ %TF1 2-00 i (-N 6)I TP 3-001 ` 2 1 1 1 TP* o I{„ 14JN 1\ 1\' T % � � I 87.55• _ \ I / IB3 j TP ;1-00 1/ - LO T / ■ //// /l I AREA = 1.22 ACRS A< AL all G'. ;- --134 136 136 1 136 PLAN / SCALE; 1" = 40' , 134 134 AL AL / It /1 I II I II I I 1 I / I I / 1 1 / —1 .Bg•I 1 I NOTE THE TEST P17S DESIGNATED I BY THE" TP.tiN " LABEL SHOWED REFUSAL AT 3' TO 5' DEPTHS AND 134 WERE ABANDONED WITHOUT COMPLETE SOIL LOGS. FORM 11 - SOIL EVALUATOR FORM Page 2of3 Location Address or Lot IJo. lJ % PN�p�aN •r �31Z.�Oi� Jw `¢� On-site Review JU Weather 5 y'IN Deep Hole Number i. y: C.� Date:. '.� Time: Location (idertify on site plan) Land Use y / w �S, Slope (%) '� Surface Stones f� L 7 n;j S 1\0 NQS : Vegetation Landform .. Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVA I Depth from Soil Horizon Soil Texture a Soil Munselor l)) Surface (Inches) G, - , 4-, t- F S C ¢- LS `1',,J G12.5L e - S L- n0N HOLE =0G* Soil Other Mottling (Structure, Stones, Boulders, Consistency, % Gravel) /V7 itss l uE , /-42 14'5 U6 Mjgn11, 14,1L1% QLtiSllj�j q Ifgyl 15 n /e V ES iiPROPOSED DISi'UDA� AMrA -7Parent Material (geologic) T / L DepthtoBedrock: 5 6(� � C'�- � Depth to Groundwater: Standing Water in the Hole: +f Weeping from Pit Face: -- Estimated Seasonal High Ground Water: 1 'V ;-) �f}� � 1 v4 A}l -TSi PIF LIA)5L41D15L DEP APPROVED FORM - 12/07/95 FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot Ao. WE 11 �'l�E�fs�1N� J%Z.DC'!C On-site Review U JTime: Weather Deep Hole Number �. �.0 U Date:... Location (idertify on site plan) Land Use .. Slope (°%) Surface Stones ....::.,.........:....:. . Vegetation Landform .. Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other - DEEP OBSERVATION HOLE _OG' Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA! (Munsell) Mottling (Structure, Stones,Gravel) rs, Consistency, l C)Ic r 5 Parent Material (geologic) DepthtoBedrock: - Depth to Groundwater: Standing Water in the Hole: Weeping from Pit face: — Estimated Seasonal High Ground Water: JY)T p; r ki UEP APPROVED FOWN1 - 12/07/95 FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot No. COT 11 /'rHOSOJ On-site Review Jl l ( U 0 Time: Weather Deep Hole Number 3 "� Date:. 7.... Location (identify on site plan) Land Use Slope Surface Stones Vegetation Landform Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other - DEEP OBSERVATION HOLE ' -OG* Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, Bridle)rs, Consistency, % i 1 C t H Parent Material (geologic) DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: i' (1 DEP APPROVED FORM - 12107/95 FOR.N1 11 - SOIL EVALUATOR FORA Page 2 of 3 Location Address or Lot No. UT On-site Review Deep Hole Number4.700 Date:.1—>/0/00 Time: Weather Location (identify on site plan Land Use Slope (%) Surface Stones Vegetation Landform ... Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE =0G' Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, avlel,rs, Consistency, Q _ 7 ' /-/ rKow l ��L1S r 4 Ibfo,SG/L L AREA Y PROPOS MINIM M F�-i�i121 �YL Parent Material (geologic) Depth to Groundwater: Standing Water in the Hole: Estimated Seasonal High Ground Water: S� Boit DEP APPROVED FORM - 12107/95 DepthtoBedrock: Weeping from Pit Face: yN swirP'11(tL N Location Address or ,Lot A. ("'� ( /i FORINT 11 - SOIL EVALUATOR FORM Page 2 of 3 On-site Review Deep Hole Number 5—-010 Date:. Location (idertify on site plan) - Land Use Slope (%) Vegetation Landform Position on landscape (sketch on the back) - Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other DEEP OBSERVATION HOLE LOG` Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, BouldGraveers, Consistency, UM OF 2 HOLL5 Parent Material (geologic) _ DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: — Estimated Seasonal High Ground Water: DEP APPROVED FORM - 12/07/95 0 310 CMR: 15.203: continued DEPARTMENT OF ENVIRONMENTAL PROTECTION l (6) System design flows for facilities other than those listed above shall be established, with approval of the Department, in relation to actual meter readings of established flows from known or similar installations. In those instances, design flows shall be based on 20070 of average water meter readings in order to assimilate maximum daily flows. (7) In schools, flows generated from sinks or, other drains receiving wastes from science laboratories, graphics arts classrooms, or vocational school activities, including, but not limited to, automotive repair painting, or metal fabrication are classified industrial wastes and shall be directed pursuant to an appropriate permit, to a sewer; if a sewer connection is feasible and, if pot, then to an industrial waste holding tank approved by the Department or an approved hazardous waste collection receptacle. >t 15.211: Minimum Setback Distances (1) All systems must conform to the minimum setback distance for septic absorption systems, including reserve area, measured.in feet and as set forth belo . Wh more and soil than one setback applies, all setback requirements shall be satisfied. 3/24/95 (Effective 3/31/95) 310 CMR - 512 Septic Tank Soil tlbsorp.tion System . Property Line Cellar. Wall or' 10 10 Swimming Pool (aground) 10 Slab, Foundation 20, Water Supply,`,Line (Pressure) 10 'M. Surface Waters (except wetlands) 1.0 1 [ AOM Vegetated �!�[tand' 25 50 Sa1t:Marshes,;Inland end coastal Banks, Se Water -Supply'-' ': •:: Reservoirs and Impoundments Tributaries to Surface 400 4.00, Water Supplies Wetlands bordering Surface Water Supply 200 200 or Tributary thereto ~�'-Cerdfied -Vernal Pools 100 100, Private Water Su . l; Well or Suction Line PP Y -... Peiblic 50. 50 WateSu Iririganon Well : . r 100 _ Open, Surface or S ti bsurf . ace Drains which I0 .' i' discharge to Surface Water Supplies - ` tnbutarics tYtereto_ . � . ,.. • _ .. Other. Open, Surface or Subsurface Drains S0 100 (excluding foundation drains) which , intercept; seaso .nal high groundwater table,[3)_ t Other Qpen; Surface or Subsurface Drains 25 50 (excluding foundation drains) Leaching Catch Basins & 5 10 Dry Wells Downhill Slope 10 25 not applicable I5[4] [1]. Disposal facilities shall also be at least 18 inches below water supply ever sewer lines must cross water supply lines, both pipes shall be contructedeof pressure pipe and shall be pressure tested to assure watertightness. classy 150 3/24/95 (Effective 3/31/95) 310 CMR - 512 a n � 310 CMR: DEPARTMENT OF ENVMONti1> NTAL PROTECTION 15.232: Distribution Boxes (1) For all gravity flow distribution systems, a water tight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimegsion of the distribution box, regardless of material, shall be 12 inches. (c) The minimum wall thickness for reinforced concrete shall be two inches. (3) The distribution box shall conform to the following_design specifications: . (a) When the soil absorption system is t.o - dosed or the slope the inlet pipe exceeds 14 b8�ffl�er:foot, an inlet tee, Uaffte or splash plate eictending to one inch above the outlet invert elevation shall be provided to dissipate the velocity of the influent. (b) The invert elevation of all outlets shall be, equal to each;other. and located at Ieast two inches. below the invert elevat on. o.. the inlet, The distribution Imes leading from the dtstnbutton box Shall all veahe Fra salve invert elevation 'As detirrmried,by flooding the dtstnbutton boz'to Elie "height oftheAst ibuthoIine invert-atter all lines have:been sealed in place. If all inverts are not the same elevationadj ,ithey shalt. be usted by filling with durable and non;defginable ri a# r'al Aermrvently fastened to the hne,or.reconstrueting the lines until all mv�ert}sate'at the same etevaUgri. ' (e) Judet dtstrt`utaort lines,;�hail'be level ;for a minimum gl the fust two feet of their length. There shall be atleast.one c►utfet for each efituent distribution fine. (d) livery di.4 i'btttion'box shall have a water tight cover or in: the case: of systems with a design flow greatet than ,ObO $pd, water tight manhole.wtth cover (e) Every distribution boz shall'have a mimmum_sump of.sm inches as measured:below the outlet'tnvert elevation: 15:233.: Siphons The use of siphons for on-site systems, including shared systems, . is prohibited unless approved as a. component of a recirculating sand filter or other alternative technology. 15.240: Soil Ab orption stems lea On site subsurface sewage disposal systems shall be located in.an area where there is at least a four foot depth of naturally : oceurFmg pervious ,sat? below the enttre;area .of the soil absorptiwr area iM feservc: area unless a.vat ance is: issued in accordance with the provisions Of 310 CMA 15.415(2). The foot . J'ogt stratummusf be free of' r►pervtous. la& defined in 310 CMR 15.002) materials.. (2) Effluent from any component of an on-site sewage disposal system,shall.not be disposed of by direct discharge to any waters of'the Commonweahh, finless in compfiance,wiih a permit tssued'pursuant to 314 CMR 3.00 (surface water perinithrig) or 314.CMX :00 (groundwater Petmittin$). (3) 'Soilabsorption systems shall be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of effluent distribution lines so that the eMpent can migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b) removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT,.OF ENV IRONMENTAL PROTECTION jz # 15.353: continued a . (b) repair or ieplacement of .one or more struc,tural..componencs of a system which is otherwise in compliance with 310 CMR 15.000, such as a clogged. building ..sewer or t distribution line, damaged building sewer,. septic tank or distribution box, or broken tee which is determined to be the probable cause of the system failure and for which no modification or alteration ofthe system design is required; and shall be completed within 30 days. (2) All emergency repairs other than pumping shall be foilo\ved within 30 days of the emergency repair by an application for a Disposal System Construction Permit, local upgrade approval; or an.application for variance, if needed, pursuant to 310 04R_15.411.(2). The applicant may backfill any :excavatiori..required for the emcr en 8 cy,repair. unless directed otherwise by the approving authonty.1.. Pump..ing shall be reported to the local approving authority. (3} Any upgrade or expansion of a system which is not an emergency..repair shall be designed, approved, and constructed in accordance with 310 CMR 15:000: 15.354: Abandonment of Systems (I) Whenever. the use of a system is discontinued following connection to a municipal or private sanitarysewer or following condcmnahop-or demolition•of a building served lay the system, the system,shali be,eonsidered afaiidoned_and:any fuithet use of the system for any purpose _s.._ be prohibited urtl6ss; after �nspecnQri, the:app;ovi g authority dtte$rrriiracs the system 2s in:.complianee of can bc,brougtit intQ.,coinpliancc.with 310 CI►%IlZ IS:00b (2) Contutued use of a s4ptic t wherethc tanlc'js to become an ince alart of a' P sanitary sewer system requires th:pnor rwjitet3 approval .0f the: Ecpartment . (3), : 'Ile ,fctllowing,:procedu_ . i shad be used to abandon a: system ' (a) Thu facili owner,. s .s _ p�. I Fa. the approvzn� auttronty to abandon the fisting Y�Frna�c t#rig s}a?t;asQn(Sra-40 . men t isnecessary anri.wt, T , i- ,-. .,... YT! �� u,F;�cwct:;�onnectton peri#X tlsh l a su it icteci.avzth..the appli tzen! (b)4�pot, receipt of thc� . `.- approYtng authority's .Wntten,approval to abandon. the System, th,set►c tankhal}I be.ptjmped of zts etiiWre rnrtez}ts.by a licensed se 'ta e P. g hailct" and. (F)> t ik shall be pccavatcd and rtmoved:-f om thus te; or bottom bf=ihc=tank shajl be opened or ruptured aftez'being pumped of its content so a& to prevent- retainage ,Q€ the,,�nk shall be completely fill-:# with cicari sand 5.401 Genciraf)sicins r (1~),4��as�,tcttforth�m, $:tti i:tt an procedm �a ne approval required 3/24/95 (Effective 3/31/95) 310 CMR -551 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.402: Use of Local Uperade Approvals or Variances (1) Local Upgrade Approvals may granted by local approving authorities without review by the Department for required or voluntary upgrade of failed or nonconforming systems with design flows below 10,000 gpd in accordance with the terms and provisions of 310 CMR 15.402 through 15.405. Upgrade Approvals for required or voluntary upgrade of systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which are failing to protect or are a significant threat to public health and safety and the enviro in 310 CMR 15.304 shall be approved by the Department nment as set forth (2) Proposals,for new construction or for increase in flow to an existing system other than in full co`mv Lancc with 310 CMR 15:100 through 15:293 must seek and obtain a variance from the Iocal approving authotity and the Department;(wtti `.theleicception of those variances Set forth at 3I0 CMR 15.412(4) for which the Department has, no review) in accordance with the terms and conditions of 310 CMR 15.410 through 15.417. 15.403: Local LTt)itrade Ativrovals (1) The owner or operator may upgrade a failed or nonconforming system with design flows below 10,000 gpd (systems which trigger failure criteria set forth a010, CMR'. 15.303) or systems with design flows of 10,000 gpd or greater but. less than 15,000 gpd which fail to Protect,public� iicalth and•safet ,' ild the environment' (ltge sys en fo ci -ai 310 (►%1R 15:304(1)) purstiaht to :a 1oca1'npgrade, :approval in accordance with tha standards and secluiteirients of 31q CMR 154Q4=andf 15:405 without obtauiin v affancas I peal upgrade approvals, flit any Systefrt serving `a facility owned 'by im agency of`ilie Corr onwcalth or the federal government or Systems with design flows of 10,000 .gpd or 15.000. be anttd b :the greater' but less than a' local u y Department applying the same standards: T e -application for pgrade 'approval shall tie made using a form approved by the Department Notification to abutters shall°1re pro idEd;pursuaht'to 3)O CMR.IS 41I(1)(b} the iws the (3) 5'- Ul�nipgrades which cannot be performed'in accordance with 310 CMR 15.404 and 1'S�40S require a variance frorrr the provisions of 310 CMR 15.000, which shall be'proces in accordance with 3.10 CMR 15.410 through 15:417. (4) The System owner' or Operator shall -provide a copy of the-local'upgrade approval to the Department upon, issuance by the local approving authority{ and bcforc`con o= of construction - ,lance Artivats for U indes and Lots Grandfathered Pursuant to 3:10 CMR".15005(3) 15 005f4) anli .005(5) (1) Goal. of'full compliance VKlresc - feasible, a failed or nonconform -System (other than systems threatening .public health and safety or the enyironmait as X5 304(2)) shall bidught iinto•fiill co : liaricc throe' dcscn�bcd sire 31.0 -tfic.fo2lovirig , ... .. mP 8l► instalIatiorr of (ice dr rrior?'c of° (a) an upgraded system which is in full compliance with 320 CMR ugh (b) 15.293, (b) an alternative system which has been approved for such use pursuant to 310'CMR- 15:284 (remedial use), 15.285 (piloting), 15.286 .(provisional approval), or 15.288 (certification for general use); (c) where proposed by the owner or operator, a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. 3/24/95 (Effective 3/31/95) 310 CMR - 552 310-C XfR: DEPARTINLENT OF ENMONMENTAL PROTECTION 15.404: continued Where failure of the system is solely due to failure of the septic tank, distribution box, soil absorption system, piping, and/or building sewer, upgrade of that component(s) in full compliance with 310 CMR 15.000 shall:be deemed to meet the goal offull compliance; provided that the upgraded component functions properly with the other system components, the system functions properly hydraulically, and the owner obtains a certificate of compliance from the approving authority. If other system failures are discovered during upgrade of that component(s), such• other system failures shall be upgraded in accordance with 3I0 CMR 15.405. (2) When full compliance pursuant to 310 CMR "15 404(1) is not feasible, theapproving Authority shall issue a local upgrade 1lpproval author zin ti "` a of the system with the,goal of maximizing protection of public liealth and safety and the environment to the maximum went feasible The followuig requuements hall not..b'e vaned by the I- dal approving authority except as explicitly set forth ut 3I0C�r5:�j04(2)(b) and (d). (a)- A septic tank with `an effective hquid capacity, ptovidm retehUon tune or 1000 galIoi s, whichever isgreater, s provtdedlunless the septc tank is an elevated tank.construltetl in'accordance wttli`#10 CMR 15:213 construction in V - zones) m which case the effective u' uid'ca aci ( ' q p ty may cw.onsist of a 500 gallon tank. (b) A muiunum of four feet of separation between the bottom of the soil absorption system and the Pugh groundwater elevation shall be provided, usui fhll'if necessary. The stem apptovtn with g (e) - q mutuYfi itt°�8f t ir"f et s-0,41M.tali}i ift;cai'rrmg pd vtoufsoil below the entire area of the. soil-absorp3io'nrareh and espiCve 9&'tlialt be ljrovtcled (d) ":The soil4�bsorptbn rystetr shall b designed td`provtde as mucjl oftle required area as.possible on thbPfacilhty'soyed or; `If proposed by the owner or operator; on an abutting facility pursuant to .v2lid r i ided. oasemet E The'locap approving -authority may'reduce the required soli absorption system area no more than 25%, as prgvided 'in 310 CMR I S 405(I) Reductions I& therequireif subsurface disposal area H excess of 25% may only be varied. by;ti3e 17eparuYten,d may reil_i%;the uistallaUoi of aDepartment-approved septic tank eBluent tee filtor, dosuig of poi tions of the soil absorption systerrt on an altemafuig basis, andlor. other rleasures`'to protect the ►n'tegnty of the soil absorption system; add (e) the soilAbsorption system shall not `be located within 100'feet of a surface'wafer supply or tributary to -a surface water supply; within 50 feet of a pnvate water supply well, or supply the Zone I of a pubhc water supp}y well' 15405• ('ontentc nfT'o al 7n�aae Ap ro�� _ _ .. (1)` In granting local upgtaie approvals pursuant to 310 CMR IS 404(2) where full m Mance" as'ilefined:'in 310 CMR 15.404(1) is riot feasible, the local a' rovtn thori` z ` 'P impact of the proposed system an@;shalt vary to the; least PP S ty shall Consider the del n the uircments of 3 t0 G`MR I S 10brthtiough 1 293 s8 at tc aUow for both the besteast"�ble `u ; borders of the lot, and have the least effect on public h saf pie° the ��£Y local approving suthontyis allowed' to Y rge from th al � > c' enntrorrrient The ekientc` �i%afeasbleir ' ite OIn del; ``'ri`ptily to the feasibl y �� a ' ei'. com lianee is e, the ap roving ati ort s cilli _` "��r. 3 P dictated00 P;�p �`°J� oYphxstcal possabili as VIVO sit teriomtcsibi ty;tof a upgrade costs Tle 8 author ty should hta rnf 13 p ection ofwater�o"� adtriint o�th�e sanitary age Absent coriditiori$ whtsch �oiild rest >n a dif `erent o�ltcome based on best professional judgment, "the ophons`set forth be�o�#r shld be considered .m -th- ou order ui wwhch.th ith 310 CMR 15:405(lxa) being the firstFophon to 'be' considered "and rejected is adopted appear 310 CMR 15.405(1)(i) being the last option to be considered and rejected or adopted: (a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for property lines provided that a survey of the property line shall be required if a component is to be placed within five feet of the property tine, and no such reduction shall result in the soil absorption system being`located less than ten feet from a soil absorption system on an abutting property; (b) Reductions of system location setbacks from cellarwai foundations; l, swimming pool, or slab 11/3/95 310 CMR - 553' 310 CMR: DEPARI'V1ENT OF ENVIRONMEi\TAL PROTECTION 15.405: continued (c) Placement of the leaching structure within an area where percolation rate is between 30 and 60 minutes per inch, in accordance with 3I0 CMR 15.242; (d) Up to a 25% reduction in the required subsurface disposal area design requirements; (e) Where upgrade is required pursuant to 310 CMR 15.303(1) because it is within Zone I of public well or within .100 feet of private well, relocation of the well. Any relocation of a public well shall be performed pursuant to 310 CMR 22.00 (water supply source approval); (f) Reduction of systemlocation setbacks from bordering. vegetated wetlands; (g) Reduction of system location setbacks from surface waters, salt marshes, inland and coastal banks, certified vernal pools in accordance with 310 CMR 15.211(1)[2], leaching catch basins, dry wells; or surface or subsurface drains other than those which .discharge to surface water suppliesior tributaries thereto; (h) Reduction 'of system location setbacks. from water supply lines, private water supply wells (but not within 50 feet of the well), tnbutanes.to:suifac ply lin supplies, surface water supplies, but not within 100 feet of the surface water supply or tributary thereto or open, surface or subsurface drains which discharge to::surfacewater supplies or, tnbutaries thereto. Othe local _approv.ir.ig authority may i educe the required four foot separation -(n soils with a recorded percolation rate of more than two murutes per inch) or th re quired five foot separation Cm sods with a recorded percolation rate of two rrunrites or• less ,per inch) between the bottom ofthe soil ab tion system -and the h.igh groundwater elevation pnl rf aj' of the following corldit.ions-are met: Y --- --- .. 1 ` An approved Soil E!alutor who a ra member; or agent of the local approving aut}orrty'deternune,s the high groundwafer elevation, 2:. A m.inunum threegot :sepat"dt}�QtT, (in sails with .a recorded percolation tate of more than two minutes.per.inch):or a muimumfour foot separation Cn soils with a recorded percolation grate of, two minutes or less per inch) between the bottom of the soil absptpt.ion sy tem and the high groundwatei,elevaton.is maintained: 3 f he syseQa a; failedkoi rig egnformr? system=serving an ersting.building with y a des.igt.i flow or ess than 2 Q00 gpd 4 No .increase rtr,desrgtr flow or square footage of the building .is allowed. 5 Na ed LQ ur required eachtng field size or sett ticks from pubic gr'private wells, r,7 r bordenng_vegetated. wetlnds� surface waters Bali marshes, coastal .parks; certified vernal pools:vdater-}s4#pp1y�es surface water gLipplies or tributaries to -surface water supplies .or dra.ins which discharge to surface water supplies or their ;tributaries, is allowed, (2) 'No application for an upgrade approval inwhichithe setback from property lines or a private water supply well is reduced shall be complete until the applicant has notified an abutters whose property or well is affected by certified mail at his/her own expense at least: ten_ days before the Board ofHeaIth meeting at which the upgrade approval will be on the agenda The not.ification shall reference the standards set forth iii 3I0'C1vM 15.402 through 15:405 artd;ntftcatc•thedate, trine a ,d. lAce whe,e-the upgrade approval will:be discussed. noncorrfomun8 cannot be upgraded in accordance with 10 CMR 23;404 and 15.4b5(1) t15e owners'*. (a) obtatr a groundwater discharge permit pursuant to 314 CMR 5.00 and 6.0p, (b) aPP to the Department to use a tight tank 9F,:modified tight tank in accordance with the. prbvist6ns of 310 CMI 15.260 throri"gh 15 2`62; fc) a 01y for a vanance pursuant,to 3l0'CMEt 15:410 through 15.413, or s (d) aoandA the system .in.compliance with 310 CMR 1� 354_ ria 1 (4) Nothuig u 310 CtiiR 15.405 shall authorize violation of M.G.L. c. 131, § 40 and 310 CMR l 000; ort airy other applicable provision of taw. 11/3/95 ' 310 CMR - 554 M r. 31.0 CMR: DEPARTMENT OFENVIRONMENTAL PROTECTION 15.410: Variances - Standard of Review (1) Local approving authorities and the Department may .vary'the application of any provisions of 310 CMR 15.000 with respect to any particular case except those listed in 310 CMR 15.415. Variances shall be granted only when, in the opinion of the approving authority: (a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.000 from which a variance is sought would be manifestly unjust, considering all the relevant -facts and circurnstances of the individual case; and (b) The person requesting a variance has established that a level'of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought (2) With regard to variances for new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant' of substantially all beneficial use - of the subject property in order to bt manifestly' unjust. 15.411': Process zfor SeeJdhz a' -Variance -From ;Local Ayprbvi -Authorises: (1) The local approving autlioriry `shall review requests fol variances as follows: (a) Every request for a-.vattanCite; shall -be to MUM shall make reference to the 6P islow of 3=10 1.5 000 fbr which 'a vartariat ts`s`oughr and a -statement in cor»pltarice'wtttr �3<20 �ItifR I5 4ItJ✓ , _, n . - (b)''` l+' app7ictif©tr fof n vartan shall'tie Cbtriplte urefli thte appttoant•'has>:norified` W by>ctrttfi't l ritatI ar his/lfer ovs+n: 4xpertsc atle'ast ten days btfirse� t} &,Board of He alth meeting at' whri W the variance requast will ,be on the .agendas. Ire notification shall reference 44 ';sp > e provisions of 310..CM 15,000 from w}si th a variance is sought,• a stateriielit bf the standards sec forth in 310 CMR 15.410 and the date, time and tilaces wlterC'`ttre'atinlitatiirrt �ill`lic drencised_ :: (2) Emergency repairs pttrsuai5t•to 310 CMR 15.353 maybe performedwithout seeking. a va:nartc'Y e: 7te ovfiner'of the system must seek a v riance withal 3b calttidar days after performing tie 'emergctycy rcprs (3)Any variance sIlf�w�d by the local apprornng authority sha11:tc in writing. Any denial of a variance shall 9-s"o be rn'wrntirig and small contain a'brief statertierit of the itajons for the denial A copy ofeach vartanct>shall beconspicuously posted for 30 days folloviwing its issuance; and shall' ba available 'to ffi public at all idasbnablc bouts in the of c a of the. city or town clerk or the office of tho'Board of Health while it is in.e ffeot . (4) A request for a, variance %r a residential facility` with: four units or less '(as described ira: l4I til c lil. 31E) shall'be deemed canstr v.ely approved by the' local approving authority if the to I approving authority does not aeC upon o wtthui 45 days of redd* of a cnyTrtplcfc applrcation 'such varlanes arc still subleet to review; by the bcpattrierit in rdarice3�+vith%`-320 CMR 15:422.. - .15.412:. Review -of X_116i-64 the De artrricnt (l`) Exempt Is.provided' ut 3kQ CMR 25412(4), the appiicatit shalt file a copy :of each grad y ooat approving • authority r3vith'the 2)epattttmosit to Other witlY the .fee variance tt d it the: T spectfitd'al 320cM2R 4 of} Thi''Depatmeni 'shall rcvie:►v all tlyose tssicc raised bcfoie the local approvals., anttiority add -may review other issues raseel by the application, all in accordance with the standards set in 310 CMR 15.420. (2) The Department shall approve, disapprove or modify the variance granted by the local approving authority, or shall request additional information to be provided by the applicant, within 30 calendar days of the Department's receipt of the request. If the Department has requested additional information, it shall approve, disapprove or modify the variance within 30 days of receiving the applicant's response. y 3/24/95 (Effective 3/31/95) 310 CMR - 555 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system withpc increased flow provides better protection of public health and .safety and the environment than the existilig system with no increase in flow. Increased flows not in compliance with 310'CMR 15.000 will rarely provide better: protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but. aremore1ikely'to_ constitute rmprovWWnts`over nonconforming or failed systems. .. 15.415: Provisions From Which No Variance Ma Abe •Granted (1) No:variarrce_ from'the muurrium requirement of four -n aturally occit=ring Pervious material set forth ret 3I6CIviR• 1`5 240(.1) shall t?e granted for ttury don`striictron. (2) Foziupgrark of s�st. s,=or'-Im,ttease3of flow to exi`stin ` 8 systtii�s nn variance from the muzmnm:requrremen[ of;fout� feet of nuhAfty occurring Pet _049 material set Orth ire 3I0 CM;Z 15.240(I).sfall be`g�rattted finless tld applie.uttLdcrnonstratcs that ait�rriativcs for siting an on srte,systcm wrth four feet of naturally occurruig_pe�tous material or Connection to a s 3' sewer or Etsnireetionrt� a shared`system ar not feastble. "Whew fro such -alternatives aFet.fcasrbIc, a` variance: to' allow•,thd repair or replacement m flit disposal arta with no less than two feet of naturally occurring pervious matenal.may be consideredupon (ho applicant's demonstration 'of,the following ' (a) evidence; `the resultf ilcep observation holt tesurrg, that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements.:to adjacent property on which a--system.in compliance with the four feet requirement could be installed have becri.rcqucsted and;can not - and obtained, , (c) cvideiice that site testing to establish high ground water elevation conducted in accordance with the procedures set fil th" in 310CMR 15:103 'Nas been'co d'u'cted .in conjunction with preparation of design plans andspecrfications for 'the repair or replacement .15.416: Variances u , schrt is (1•) For pttiposes of 310 'CMR 15:416, a: school means any, pnblfc, or privately=owned elementary;. middle;' or secondary school: University, concge'or other adult educational facilitios, 'regardless of ownership. ate not considered scliools'for these purposes.. ` (2) rttz Departrrrent may vary the application of provisions of 310.q* 15.000 as specified in 310 04R 15.416 where a. school demonstrates. to the satisfaction of the ,Dspart t.that (a) thc'vanarice is necessa3ry` to accommodate an.over idirig.commnriity; regional, state or national public interest; and (b) !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 the provision of 310 CMR 15;000 from which a variance is sought The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. E 3/24/95 (Effective 3/31/95) 310 CMR - 557 310. CMR: DEPARTMENT. OF ENVIRONINIENTAL PROTECTION 15.417: continued (6) No applicant shall be deemed to be entitled to selection of his or her site under 310 CMR 15.417, and the selection determination shall not be subject to the review process set forth in 310 CMR 15.422: A rejected ted applicant P1ic ant m a Y file an application o n for a Disposal Systemste mConstruction Permit pursuant t to 310 CMR I5.020, and if necessary may seek a variance pursuant to 310 CMR 15.410 through 15.415. 15.420: Appeals of Variance Determination (1) The denial of a variance is not.an order. (2) Variances which are reviewed°py the local approving authority but not acted on by the Department may be appealed pursuant to 310 CMR 15.421. (3) Variance requests which are reviewed and decided by the Department may be appealed Pursuant to 310 CMR 15.422. 15.421: Appeals=From Determinations by Local Approving Authority Any person aggrieved by any ord__, variance, issuance or denial of a Disposal System Construction Perrni4 Local.Upgrade Approval or Certificate .of Co"' mpliance issued b a 1 approving authority may a Y, local PP g ty y ppeal to any court of competent jiirisdicrion as provided for by the laws .of the Commonwealth. 15.422:. Appeals of artmentaI Determinations M. An applicant who is aggrieved by a variance deteriination by the Department may request an adjudicatory hearing on that determination in accordance with 32'0`C1 1:00 and M.G.L c. 30A. (2) Any person aggrieved by atm' brcler, or by a commonality deterrrunation�pursuaiif`to 310 CMR I5.01I, issued by the Deparirrient, may request arm adjudicatory hEarzrig,'in accordance With the.provisions of 31i 60:1.00�and M G:L c. 30A.. 15.500 Pu_*oose The provisions of 310 CMR 15.500 through 15.505 are intended to provide for safe,. efficient and economical means of collecting transporting and disposing of septage. 15.501: Regional Abatement Districts (1) Handling of septage- through regionaIiieAauthorities or districts can` promote public safety. efficient regional planning, sufficient capacity and cost -savings for indiyi the Commonwealth° and'its` political `subdivisions: (2) One or more cities and. towns, pursuant to clic provisions of M.G.L, c. 22, § 29 and 30, and'•M.G:L. c. 111, §§ 31 and` 31D may enter into an al aieinent district for the puaposc of arranging for the, transport and disposal. of septage genctatrd withintheir boundaries, A model regi anon for the purposes of forriting a district maybe obtai fiom the L?tpa tmcnE 15.502: Transportation (1) No person shall remove and transport septage through the streets of any city or town or via any state or federal highway located within any city or town in which the septage was fust collected without first obtaining a permit from the board of health of such city or town in accordance with 310 CMR 15.000 and M.G.L. c: l 11, § 31A. An application for such permit shall'be in such form and contain such information, on oath, as such board shall require. 3/24/95 (Effective 3/31/95) 310 CMR - 559 1 310 CMR: DEPARTMENT OF ENVIROMMENTAL PROTECTION 15.203: continued�/�(7 (6) System design flows for facilities other than those listed above shall be established, with approval of the Department, in relation to actual meter readings established flows from known or sirtiilar installations. In those instances, design flows shall be based on 20070 of average water meter readings in order to assimilate maximum daily flows. (7) In schools, flows generated from sinks or. other drains receiving wastes from science laboratories, graphics arts classrooms, or vocational school activities, including, but not limited to, automotive repair painting, or metal fabrication are classified industrial wastes and shall be directed pursuant to an appropriate permit, to a sewer; if a sewer connection is feasible and, if;iot, then to an industrial waste holding tank approved by the Department -or an approved hazardous waste collection receptacle. 25.211: Minimum. Setback Distances E'1) All systems must conform to the minimum .setback distance for septic absorption systems, including reserve'and soil measured in feet and as set`forth below. Where more than one setback applies, all setback requirements shall be satisfied. 3/24/95 (Effective 3/31/95) 310 CMR - 512 Septic Tank . Soil Absorption System :. -Property`Line . Cellar. Wall or.' I0 Swimitung Pool (inground) i0 Slab :Foundation 20, .. . Water e. PPIy Lue (p 10 10 Surface Waters (except wetlands) 10 1 ] 10[1] Bordering Vegetated \?V i3arid': (B , 25 50 Sa1t:Macshes,:: Inland,;And Coastal Banks Surface WP ater -Su I -Supply'- 25 5Q• Reservoirs and Impoundments Tri%butaries to Suf ace 400 Water Supplies Wetlands bordering Surface Water Supgiy 200 200. . or Tributary thereto ~-Certified_ Vernal 100. 100. Pools Priva4e. Water Su . I Well. or Suction Line` PP 50 .100, Peiblic WateSupply _...: �ga►ion Well: 50 --(-2).. _ E� , __ . Qpen, °S.urface or Subsurface Drains 10-:5 which discharge to, Surface Water Supplies or 4nbutaries..thcreto Other Open, Surface or Subsurface Drains 50 loo (excluding foundation, drains) which . 1nterceptse4sonal high'' roundwater table [ 6, Other25 ` Qpent Surf Surface or Subsurface Drains 50 ` (excluding foundation drains) Leaching. Catch Basins & 5 10 Dry Wells Downhill Slope 1 0 25- not applicable 15[4] [1) Disposal facilities shall also beat least 18 inches below water ater su I lines. lines must cross water supply, lines, both i PP Y nes. Wherever Pressure pipe and shall be pressure tested to assure Ovate gh constructed of class 150 3/24/95 (Effective 3/31/95) 310 CMR - 512 310 C-iR: DEPARTMENT OF ENVIRON; ErENTAL PROTECTION 15.232: Distribution Boxes (1) For all gravity flow distribution systems, a water tight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15:221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box, (b) The minimum inside dimerlsion of the distribution box, regardless 12 inches. of material, shall be (c) The minimum wall thickness for reinforced concrete shall be two inches. . (3) The distribution box shall conform to the following design specifications: . (a)When the sort absorpf pri system is to be dosed or the slope ofthe inlet pipe exceeds 6:iliet~:foot, an filet tee, ,tableor` splash plate extending to ;one inch above the outlet invert elevation shall be provided to ;dissipate the velocity of the influent. (b) The invert elevation of all outlets stall be, equal to each;otherand located at least two inches below the utvett elevation of the inlet. The distribution lines leading from the drstnbu'tion box Shall all Jli t}ie sarny invert elevaUont as deternuned fry, flooding the dtstrtbut'ion box: to fife heagItt o.'f the dlstabutron` lrne M. ert -afier all lines have°:been.sealed in place: If all inverts are not tht< same elevation, .,they shall be'adjusted by filling with durable and non -deformable rrLatprtal pel<rrtapently fastened to ihe_hne or_reconstructing the lines until all inverts ire at the same elevatron., ' (c) 06tkvdf"',di on 1tne st?ail be level Ora nunimum„of the fiw st two feet of:their length. There shall be at :Leastone ou let for each:e$luent d drsistribution line. (d) Every iributton`box shall have a water pght cover or inthe case of systemswith a 'outlevinvert 15:233: Siphons watertight manhole _with cover a:minunum:sump ofw.inches as measured;below the The tse of siphiins for on-site _systems, including..shared, systems, is prohibitedunless approved as a. component of a recirculating sand filter or other alterative technology. 15.240: SoilAbrption Systems (1) On site subsurface sewage drsposai systems shall be located in an area where there is at least _a four foot depth of naturallyoccurfirig pervious sort below the erwre,arca of the soil absorption, area arid'rfs-ree,amea unless a.var ance is; :issued in.accord ance with the provisions of 316 CMR I5 415(2). The four fogt stratum must be, free of impervious, (as defined in 310 CMR 15.002) materials., (2) Effluent from any component of an on-site sewage disposal system.shallnot;be disposed of by direct discharge to any waters of the Commonweahl>, unless in compliance,vAth a permit issued`pursuarit to 314 CMR 3.00 (surface water permitting) or 31,4 CMR; 5,00 (groundwater perinttttn&7� (3) ` Soil absorption systems shall be designed as an integral part of the system: Septic tank effluent is to be distributed throughout the soil absorption system by. means of effluent distribution lines so that the effluent can migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b) removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT -QF ENVIRONMENTAL PROTECTION 1 15.353: continued •:.4 «;, (b) repair or replacement of .one or more structuralcomponents of a system which is otherwise in compliance with 310 CMR 15.000,. such as a clogged.building.. sewer or distribution line, damaged building sewer;: septic tank or distribution box, or broken tee which is determined to be the probable cause of the system failure and for which no r modification or alteration of the system design is required; and shall be completed within y 30 days. (2) All emergency repairs other than pumping shall be followed within 30 days of the emergency repair by an application for a Disposal System- Construction Permit, local upgrade approval; or an.application for a variance, if needed, pursuant to 310 CMR- 15.41;I(2), The applicant may backfill any .excavation required ,for the emergency,,rcpair; unless directed otherwise b the approving pPmving authonty.Y.. Pumping shall be reported to the local approving authority, (3). Any upgrade or expansion of, a system which i3 not an emergency..repair. shall be designed, approved, and constructed in accordance with 310 CMR 15.000: 15.354: Abandonment of Systems. (I) Whenever the use of a system is discontinued following connection to amiinicpal or private sanitary sewer or followuig condemnation or demolitiotj: of a b11 uilding served ly the Sys tem, the -system shall be,considerec ab an 1. Arad any f arm rise of the sy- t" .-any Purpose shall be pzohibite unless;. aftcF uisl�ecngn, thc;,approving authority daternu es the system is in:,compliancc or can be; bmugit alto .compliance th 31d:,CIyR 4W , (2) Contirautd use of a sepaq tank. where the tank`is to becorrie an integral part of a 'sanitary. sewer system requires t}ic,pnor item approval -.of the .Department . +. (3) T'he following. ::proced=. shail;�e used to abandon a:systerti lacility;n�vticr;sha�i al tothe appovingthority to abandon the axasjing sYsp<rzt�cit}ngr?Ie nsason%) abate t is n�Crccanr pus "'Wrtect''with' the apPlicattbtf.':. (b� 4h receipt of the ;approvg auttionty s written,approval to abandott the system, th ,1s 'G ramie sir .all be pumped bf its ena- re contents;by a hFcnsecl stBtagc lc ulcr;'`and. (�}>e tank shall be catCavatcd acid fmovt d: fipria' thc.sit of the. bpctam :b the tank sh be opened or ruptured after' `being pumped of its content so as to preveneretainage SQ:s� the ink shall be completely film with clean sand 3/24/95 (Effective 3/31/95) 310 CMR - 551 310 CM'R: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.402: Use of Local U erade A PEOvals or Variances (1) Local Upgrade Approvals may be granted by local approving authorities without review by the'Department for required or voluntary upgrade of failed or nonconforming systems with design flows below 10,000 gpd in accordance with the terms and provisions of 310 CMR 15.402 through 15.405. Upgrade Approvals for required or voluntary upgrade with design flows of 10,000 or chaof systems gpd greater but less than I5,000 gpd which are failing to protect or are a significant trueat to public health and safety and the environment as set forth in 310 CMR 15.304 shall be approved by the Department. (2) Proposals -for new, construction or for increase in flow to an e st g system other than in full ctimylra it with 320 •CMR 15 "1'00°through 15:293 must seclt-and obtain horntht'local approvuty ig author 'and the pariment" N itk thc'a, variance ekdeptioh of those vai ances set forth at 310 CMR 15:412(4) for which the Departmcitthas no review) in accordance with the terms and conditions of 310 CMR 15.410 through 15.417. 15.403: Local Unmade A vats (1) The owner or operator may upgrade a failed or nonconforming below 10,000 g system with design flows gpd (systems which trigger failure criteria set forth at 31U CM1Z'.1'S.303) or systems with design flows of 10,000 gpd or greater but less than tat ,3 0 gpd which fail to protect public health and safety'and the environment at e 15:304 1 g systtms sef:fortif at 310 CMR ( )) pursuaht to a local upgrade. approval m accordance with the standards amid regt tteinents of 3:'10 CMR 15404 -and 15.405 without otita '- vaifan�ex I Dean iilsgradc approvals,for any systcrn'servnng`a facility owned`byattagency'6 'the Comtt�onwcalth or -the federal government or systems with design flows of I0000 90 or gleaner but lass than 15,000: shall be granted by:the Department applying the same standards: T e.applicatioa for a2 1oeV upgrade apliroval- shall tie mads; using a for i apprrived Iiy the 17c Notification to abutlts shaFi lie'proddedpursnanc`to 310'C�iR°_15411 1 b' pattrttent (2) . I.ibC91=U1fg,acic°apiftt�r s n9 i grtt'dt uptadet�pr3vvluch add -the Q) i`lihnf-rr3Wxdt:r►,_t s t1 '� sJf � ons�rt�ted vitt' aneirdatreet: provi�`itt 0�43�f)��1�"�SOOFi=o"1�"t7t�'1'97$"'Coc%_ = . wv'th.. the f3) Systetri` upgtadc3 wiueh cannot be pa o in acxord.ance with 310 15.405 rcquu-e'a variancmfrdm the 1 Tovistons of 310 Cti1R 15:000, which 15MM .4p - and m accordance with 310 CMR 15:410- t irbjgh 15.417. processed (4) The system owner or operator shall -provide a copy of the local'uPgradc approval to the PePat"nent upon. issuance by the local approving authority and before.cort�n t of cortstruchor ', _ -- 15.404: Maximum 1ecasible Co Rance. .-A iovals for U dcs and Tots Grattdfatheied peusnanf.to 3:10 CMR'.15.00573) '15 0(AS(4) anal 15 005,5) (1) Goat of full eomplianco: Wherever feasible, a failed or nonconforming systema (Other than systems threatening public hcatth and saf C�iR eiY or the environment as dtscn�Cd -irk 31.0 304(2)) entail `tie brought mto.fitll comtipltanoc ThroFtgh'utstallateon of lir`r more of ttie following ; ; ,. (a) ' an nPgted system "which is in full compliance with 3l0 CMR 15.200 through 1, 29 (b) an alternative system which has been approved for such use pursuaht to 31o,`CMR 15:284 (remedial use), 15.285 (piloting), 15.286 ,(provisional approval), or 15.288 (certification for general use); (c) where proposed by the owner or operator, a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. 3/24/95 (Effective 3/3I/95) 3I0 CMR - 552 310 CiViR: DEPART'NT OF ENVIROMVMNTAL`PROTECTION 15.404: continued Where failure of the system is solely due to failure of the septic tank, distribution box, soil absorption system; piping, and/or building sewer, upgrade of that components) in full compliance with 3I0 CMR 15.000 shall: be deemed to meet the goal of full compliance; provided that the upgraded component functions properly with the other system components, the system functions properly 'hydraulically, and the owner obtains a certificate of compliance from the approving authority. If other system failures are discovered 15.405.during upgrade of" that component(s), such other system failures shall be upgraded in accordance with 310 CMR .. (2) When full compliance pursuari to 310 CNM -15.404(.1) is not feasible, the approving authority shall issue a local upgrade 4pprovat authorizin u e of the system with the goal of maximizing'protecton of public health and safety and the environment to the maximum extent feasible The following requtretzents shall tiot.beyaned'by the local approving authority except as ezplieitly set. forth iii�316tMA 5: — 4 O(b) and (d): (a)A:septic tank with an effective liquid capacity providing no less than 24 hours of retention time or 1000 gallons,`whicheversgreater, shall be provided unless the septic tank is'.ari elevated tank.'constructed in accordance with#10 CMR 151213 (construction in V_ zones) ui which case the effeT . % liquid capacity may consist of a 500 -gallon tank. (b) A nun jrium dffour feet'o>`§epafation l etwtent}te bottom of the soil absorption system and the high groundwater elevation shall.be provided, usuig fill if nese aPlrro►giauth2lrity ifiay allov� ax Moot senationbonly in' fltll co li The local,� 15.4.Q5(1) (.t) ►�� (c) 'A rrttr111 ifiinl rolt l of�naturr� kV6t tal nng pd �v"ous soil below the entire area of the soilabsorpti onarea and l e'setve masa s}3alt be provrded (d) lPhe soil,abso -pttbn systettl shall be deigned td`provitie as much oft a required area as possible ori the faeility se' ved fir; `If proposed b, the owner or operator; on an abutting facility pursuant toa:�ali�f�`er;rcled'isasemett`lie'local approving:authoritymayseduce the required' soil absorption system area iio more 'than 25%, as provided, in 310 CMR 15 405(1) Reductions in the'>egi3tred subsurface drsposal area in excess of 25%may only be varied byt}re>jeparen`d may reijuire the tistalltatiotYaf a I3epartitient approved septic tante `efliient tee filter, dosing of editions of the soil absorption rysterr on an altematuig basis, and/or other%te1. ssures`to proteec the utegnty of the sod absorption system; . and (e) the soil absorp4oh system shall not be located within 100 feet of a surface water supply or tributary to -a surface water supply; within 50 feet of a private water supply well, or Within the ZoneT ora pubhc:water supplywell. 15405• �oritenrc �ifT`o �1 T7R• ae qR royal _ , (1) In granting local upgrade appfovals pursuant to . o CMR 1 5,41 where full; Bance as=de5ned in 310 Cly 15.404(1) �s nat feasible, the local a royal - �p impact of the proposed system and. shall vary to the least degree n �thoncodet the 31'.0 1- UOtt through=:t5 293 so' as> o allow for both`the besttU9 1:410., u requirements bf borders ofthe lot, and have the least effect on public h safe` pd within the rovin t tY �iid t1ic, 6hMent. The aPP g atiti3onty is allciwed to e from the oal 4 fu comp ian ' S �3ai efgg.� ?i�T1G$�2}y�tlllej%e�e3(blx 1 iick'r#a esonly t0 the u�rade In d��$, yl,,h�h �ull compliance is �. _ P� t g � t�� ��t� a��rQphiire�y consider notgo#tt� physical Possibility as bytfie co i3i���:: � � bti�a[sfo the e;cono�#}ic i�easibt. 9ft�'e appl"OviJlg.aTthority shoutd.$heni�a�'inrria:.�:',. >w����'� � '^�`.3�-� _a'".�3P�""ie costs: €=s w . ++1 a uuacreiit outcome t)--' On best professional I. luagnent,'"tle options set forth be�oiv should be tonsidered`in tie order irtvi,they appear with 310 CMR 15:405(1)(a} Tieing the first option to'be con$,, zj `and rejected or adopted and 310 CMR 15.405(1)(i) being the last option to be considered andrejected or adopted: (a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for property lines provided that a survey Of the property line shall be required if a component is to be placed within five feet of the property tine, and no such reduction shall result in the soil absorption system being`located less than ten feet from a soil absorption system on an abutting property; (b) Reductions of system location setbacks from cellar—wall, .swimming pool, or slab foundations; 11/3/95 310 CMR - 553 310 CMR: DEPARTMENT O.F ENNIRONMENTAL PROTECTION 15.405: continued I; (c) Placement of the leaching structure within an area where percolation rate is between 30 1! and 60 minutes per inch, in accordance with 310 CMR 1.5.242; (d) Up to a 25% reduction in the required subsurface disposal area design requirements; (e) Where upgrade is required pursuant to 310 CMR 15.303(1) because it is within Zone I of public well or within 100 feet of private well, relocation of the well. Any relocation of apubGc well shall be performed pursuant to 310 CMR 22.00 (water supplysource approval); (f) Reduction of system location setbacks from bordering. vegetated wetlands; (g) Reduction of system location setbacks from surface waters, salt marshes, inland and coastal banks, certified vernal pools in accordance with 310 CMR 15.211(1)[2), leaching catch basins, dry wells, or surface or subsurface drains other than those which -discharge to surface water supplimor tributaries thereto; (h) Reduction of system locatiort setbacks: from water .supply lines, private water supply wens (but not within 50 feet of the well), tnbutanes•to,surface water suppljes,,surface water supplies, but not within t00 feet oftfie surface watei= supply or tributary thereto or open, surface or subsurface -drams which discharge to: -surface .water.supphes,or tributaries thereto. n the local„approyrng.authority. may reduce the requrrecl fourfoot separation•(in soils with i a recorded percolation rate of -more than two mmu p r inch hh yuired five foot separation (In sods with a recorded percolation rate of two mrnaites or less .per. inch) between the bottom ofthe soil abso tion systgrrr.,and thehrgh:gcoundwater elevation o`►1y if all of the folloang conditions• are met: 1 Anapproved :Soil Ey_alua�or who rs a member, or agent of the local approving autfiorrtydeternunes tlre'high groundwater."elevation . 2 A =44qp 4* soils with a recorded percolation rate of more than two mrnutes.perrnch):or a mnmumfour foot,separation [in oils with a recorded percolation rate ofvtwo minutes or less per mph) between the bott absorpom of the soil tionsystem aad t7ie high grottndwater•:elevat on rs maintained: 3 fire rystgrri a f�arldor ngn a nfotmiri stern serving an ersting.building with y a design flow o ess than 2 000 gpd 4 Noin in t esrgir flow or square #nota of tire�buildina is,allowed= r�a�lunK,gera size or setbapks.from puUa.or private wells, bordering vegetated: wetlands surface waters, salt marshes, coastal. vernal Dols;VU.. ensu 1 b s, certified A Pp yes surface water supplies or tributaries to -surface water supplies, 'or -drains which' discharge to surface .water supplies or their ,tributaries, is allowed (2) No application for an upgrade approval in which; the setback fromro P Perty lines or a private water supply well is reduced shall be complete until the applicant has notified alt, abutters whose ' property or well is affected by certified mail at his/her own expense atleast ten Jays. §*re the Board ofHealth meeting at which the upgrade approval will be on the agenda. The notification shah reference the staiidas'ds sei forth iii 310 SMR 15;402 through 1 K.405 and _ipdicate.:t}te elite, time a;,d grace whe,e :he u de a roval;will be discussed. p PP, none,-: VMQg sYste�m cannot be upgraded in accordance with 310 CIvIIt 15.404 and 15.4b5(1) the'ownershall.'' (a) obtari a groundwater discharge permit pursuant to 314 CMR 5.00 and 6 OU, (b)' apply to the Department .to use a tight tattJt or modified tt t tank in accordance with the prOvrsrotrs of 3=10 C1tt 15 260_ thrortgh I S 262; Ec)'� 'p* for a varaance pursuant to 310 xCMR Ij 410 through 15 415 or aDandon the system ut compliance with 310 CMR 15 , . _354, r, (4) Not�uri9 M 10 CMR 15.405 shalt authorize violation of M. c. 131, § 40 and 310 CMR `l0'00;'or any other applicable provision oflaw. 11/3/05' 310 CMR - 554 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.410: Variances - Standard of Review (1) Local approving authorities and the Department may .vary'the application of any provisions of 310 CMR 15.000 with respect to any particular case except those listed in 310 CMR 15.415. Variances shall be granted only when, in the opinion of the approving authority: (a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.000 from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and (b) The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15:000 from which a variance is sought (2) With regard to variances for new construction, enforcement of the provision from which a: variance is sought must tot shown to depriyetheaa lie -ant of substantially all beneficial use - of the subject property in order to be thanifcstly. unjust. 15.41 Y: Process for stekina a'Varianet From Loca1'44yrovin`e*Authorities. (1) The local approving authdriry `shallreview requests f0f variances as follows; (a) Every. request fora v&idnce shall' 13e to#wntmg a id shall make reference to the sptcxi'ia ptovtston d€ X10fR I_S 000 for whtch a var�atioe. rs s`opght and a statement in coriapliice'wrttt 310 QCIR 15.4I0 roj't": 4r,pird"o fd'f a =anE shall `be coipletc uritis we appitcant.'has notified'all - ibdtters byI:-b&tWI t$arl ar his it own_ 4xpense at lust` tett *91'b_ tha Board of $ieallit tiredtin jai .W14C `iheivaliance request will -be on the .agendas. 110:.notification shall rGftrerice +fltb':spc d ptov sions 'of 310 CMR .15.000 froir r wiutfh a -vet ante is sought,• a 'statcrricriUbf the ­ftttdards set forth in 310 CMR 15.410 and the datc, time and ptlat a where `the appircatioh€il''be dtscrssed: (2) Emergency repairs pursfl' to 3.10 CMR 15.353 may be: perfornsed- wiithout stoking. a vanartt e:. The: owner't f the Syst`ern must seek a varsancc withnt 30 calci I. :after performing the ­'t repasts >. (41 Arty variance IM6Wtd by the local apprdvutg authority shall bc' in writing. Any denial of a VICiance' shall also' be tn`"Writing and shall' contain a'brief staterrient of the reasons for tlic denial: A copy of=each variance shall bt: conspicuously posted for 30 days foilowi ng its issuance; and shall' be available. 'to, the pubh-6 at all reas`onab!c hoots in the office of the. city or town, clerk or the office of tho'Board of Health whole it is in, effect . (4) A request for a variance for a residehtW fatty with four units or less'(as described in I� t c 131; 32 shaIl.'be deemed constmctivcly approved by the iota approv..ing N authont}+ if the ibca "approving authority doe's not act' upon 'it wrtltiii 45 days of teocipt of a ritpletE, applteaifon such varnrt-es arc stili subject to °ievrev�►`by the':Tcparttit in act ordancc wtth'310 ,CMR 25:412 .15.412:. Review of`Vanant>s by the DeuaWent (2`)xccgt as pmvtded" m 310 CltsR 15 412(4), the appltcat►t shall file a copy<of _eaach varFant a gtatrtcd'ti the Total approving au4io.,nty +dth' rho Dopa set together: with ;the.fcc spedfled- 320 QIrfR 4:0 6Tlr ''Dlcpart hent shall nevi v a71-t>iost tss es taised befijr�c the local approving: "thont)► and -rimy review + other issues fi4s, by the application, all in accordance with the standards set in 310 CMR 15:410. (2) The Department shall approve, disapprove or modify the variance granted by the local approving authority, or shall request additional information to be provided by the applicant, within 30 calendar days of the Department's receipt of the request. If the Department has requested additional information, it shall approve, disapprove or modify the variance within 30 days of receiving the applicant's response. 3/24/95 (Effective 3/31/95) 310 CMR - 555 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15:284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system withAe increased flow provides bettcrprotection of public health and safety and the environ than the existing. system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely providebetter protection than existing.flows to a system designed. and constructed in compliance with the 1978 Code or 3I0 CMR 15.000, but, are mores likely eto- constitute Improvements • over nor conforming or failed systems. 15.415' Provisions. From Which No Variance Ma Sb dtAntcd•' (1) No;variaflce from the mlmnum requtremerit of four%et of_naturall occurring {. g 1)CIYIOUS material set forth in 3.10 CM1Z 15 240(1) shall 'be gratitcd for ilcw coistrtiction (2)For.upgrade of systems" ori incrrcase of flog to* existtn muumum,,r..qulre nent of,&0',feet of nhturalI occurru systbtris tb vanance fiom the y g pervious mateital set'forth in 310 Clvflt,15,240f1) 3ha71 be" famed "finless, a pplic.tnt'danonstrates that' rnadves for siting an on Slte.syStem with four feet of nattually occutring perilious:rr�t or connection to a sanitaryxseuver or �onhection<tb a°shamd system are notfeastble. `Whets no such alternatives ate t"easibltr, a vator• replacementto the than two feet of naturallyoccurring d1Sp0Sa1 area Wim no less g pervious material may be. considered upon the'applicant`s demonstration"oftthe followttii ;'- (a) avidcncc the result df .cep observation hole testing, t.hII the four feet re gyrtement cannot be met anywhere on :the site (b) evidence that easements.,to adjacent property on which a,system in compliance with the four feet requirement could be installed have been .requstec}:and%can noti`be obtained and , (c) evidence that site testing to cstabltsh high ,ground water.elevation .conducted in accordance with the p occdufcs set forth in 310 CIvfII-45'.163:11" ' beeh'condu,'cted .in conjunction with preparation of design plans and replacement specifications for `th't repair or 15.4I6: Variances yr Sch;;ols (1) For purposes 6f,3-10 CMR 1,$.416; a school means any`public or cicn-tn privately=owned tart': muddle; or .secondary scFiooL University, college or other'adulr educational facilitics '.rega dless of ownership, are -not considered schools'fa these p>upo� ` (2) ' Thr Deparer =t may wary the application of provisions of 320:.CMIt 15.000; as in 310 specified Cit 15 416 where a. �cltool demonstrates to tits satisfaction of the ;ti. ;�parttnent;that: (a) t}tc vanance Is ticctssaiy to accottmodatc an oversiding..community, regional,.:state or national public Interest; and ; (b) 'a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15:000 from which a variance is sought. The provisions Of 310 CMR 15.411 through 15.413 shall apply to such variances. 3/24/95 (Effective 3/3I/95) 3I0 CMR - 557 310 CMR: DEPARTMENT. OF ENVIRONMENTAL PROTECTION 15.417: continued - (6) No applicant shall be deemed to be entitled to selection of his or her site under 310 CMR 15.417, and the selection determination shall not be subject to the review process set forth in 310 CMR 15.422: A rejected applicant may file an application for a Disposal system Construction Permit pursuant to 310 CMR I5.020, and if necessary may seek a variance pursuant to 310 CMR 15.410 through 15.415. 15.420: Avveals of Variance Determination (1) The denial of a variance is not.an order. (2) Variances which are reviewed py the local approving authority but not acted- on by the Department may be appealed pursuant to 310 CMR 15.421. (3) Variance requests which are reviewed and decided by the Department may be appealed . pursuant to 310 CMR 15.422. 15.421: Ayveals <I=rom Dettrminations by Local Ayvrovine Authority' Any person aggrieved by any ord:, variance, issuance or denial of a Disposal system Construction Perrnit, Local'Upgrade Approval or Certificate Of CornPliafice issued by a local approving authorityma appeal to any court of competent ]urisdnction as piovided`for by the laws d the Commonwealth. 15.422. -,.APP of'DeoartmentaI Ijeterminatiods (1) An applicant who is aggrieved b a vari y nice determination by the Department may request an adjudicatory hearing on that determinationy in accordance with 31'4 C11�t' 1:00 M. an G.L. c. 30A. d (2) Any Person aggrieved by'i order or by a commonality deterin rt Cauon pursvantto 310 MR IS.UI I, issued by the Department; may request an adjudicatory hearing in accordance with the provisions of 310•CMR' I.00 and M:G.L. c. 30A:- 15.500: 0 A:15.500: P�*vose The provisions of 310 CMR 15.500 through 15.505 are intended to provide for safe, efficient and economical means of collecting transporting and disposing of septage. 15.501_ Regional Abatement Districts (1) Handling- of septage- through regionalized authorities or districts can lannin promote public safety: efficient regional Planning. sufficient capacity and cost -savings for individuals, the Commonwealth and its politicat�sukdivisions. (2)' One'or morn cities and towns, pursuant to the provisions of M G.L, c. 21. §.§ 29 and 30, and 'M G.L. C. 111, §§ 3'1 and` 31D may enter into an abatement ihst- - for the purpose of azrartgtng for the orarnsport'and disposal- of an generated, within thcit boundaries A model: regulation for die purposes otformirtg a -district nnay bit. obtained frtim the Dcpatment 15.502: Transportation (1) No person shall remove and transport septage through the streets of any city or town or via any state or federal highway located within any city or town in which the septage wAs first collected without first obtaining a permit from the board of health of such city or town in accordance with 310 CMR 15.000 and M.G.L. c: 1 U. § 31A. An application for such permit shall •be in such form and contain such information, on oath, as such board shall require. 3/24/95 (Effective 3/31/95) 310 CMR - 559 3/24/95 (Effective 3/31/95) 310 CMR - 512 tt �, 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION �] 15.203: continued • l (6) System design flows for facilities other than those listed above shall be established, with approval of the Department, in relation to actual meter readings of established flows from known or similar installations. In those instances, design flows shall be based on 20070 of average water meter readings in order to assimilate maximum daily flows. (7) In schools, flows generated from sinks or, other drains receiving wastes from science laboratories, graphics arts classrooms, or vocational school activities, including, but not limited to, automotive repair painting, or metal fabrication are classified industrial wastes directed '.' and shall be pursuant to an appropriate permit, to a sewer, if a sewer connection is feasible and, if not, then to an industrial waste holding tank approved by the Department.or an approved hazardous waste collection receptacle. [!I� 15.210: Setback R uirements and L --ding Limitations for Locatine and Desi_Rning Systems I 15.211: Minimum Setback Distances (1) All systems must conform to the minimum setback distance for septic tanks and soil absorption, systems, including reserve area, measured in feet and as set forth below. Where more than one setback applies, all setback requirements shall be satisfied. ,.i i Soil Absorption Septic Tank System, I: Property Line 10 Cellar. Wall or. 10 Swimming Pool. (inground) 10 ' Slab Foundation 20 10 Water Supply 1 Line 10. PP y (Pressure) . 10[1] 10[lJ Surface Waters (except wetlands) 25 i Bordering Vegetated Wetland (BVW), 50 SaltMarshes,. Inlandand Coastal Banks , 25 Surface Water Supply - 50_ ,. Reservoirs and Impoundments 400 Tributaries to Surface 400. ' Water Supplies 200 Wetlands boo rdering Surface Water Supply ` 200 or Tributary thereto 100 :7____>_Certified Vernal Pools 100._ Private Water Supply WeII or Suction Line 50 100 2 50 �... . .... PPy •. Public; Watm Su ply Irrigarion Well _ 1,a Open, Surface or Subsurface Drains 25` which discharge to Surface Water Supplies or tributaries thereto 50 Other.Open, Surface or Subsurface Drains 100 (excluding foundation drains) which intercept seasonal high ' groundwater ' table, [3j 25 50 Other Open, Surface or Subsurface Drains (excluding foundation drains) 5 Leaching Catch Basins & 10 Dry Wells 10 Downhill Slope • 25 not applicable 15[4] [1]. Disposal facilities shall also be at least 18 inches below water supply lines. Wherever sewer lines must cross water supply. lines, both pipes shallbe constructed of .class 150 pressure pipe and shall be pressure tested to assure watertightness. 3/24/95 (Effective 3/31/95) 310 CMR - 512 310 CMR: DEPARTMENT OF ENVIRON1�t:1✓NTAL PROTECTION 15.232: Distribution Boxes (1) For all gravity flow distribution systems, a watertight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimension of the distribution box, regardless of material, shall be 12 inches. (c) The minimum wall thickness for reinforced concrete shad be two inches. (3) The distribution box shall conform to, the following design. specifications: (a) When the soil absorption system is to be dosed or the slope of the inlet pipe exceeds 08rf°ee(?r foot, an inlet tee;' baffle or splash plate extending to one inch. above the outlet invert elevation shall be provided ,to dissipate the velocity of the influent. (b) The invert elevation of all outlets, shall be equal io eackother and located at least two inches below; the urvert elevation of - the inlet. The ,distribution lines leading from the drstnbutron box shall all hi_6 same invert elevation as ;d ietermined.by flooding the �'boz R ai4 drstributton to the'height of the distribution tine invert after all lines have .been sealed in place. If all inverts are not the same elevation; they shall be:adjusted by filling with durable and non -deformable material permanently fastened,.to ,the line. or reconstructing the Lies until all inverts are amt the same etevatton. (c) Oatlet 2Lstri uUon lilies shall be level for a inirumum,`,ofthe first two_ feet oftheir length. There shall be at least' one outlet for each effluent distribution line. (d) Every drstrrbution'box shall have a water tight -cover or in the case of systems with a design flow greater than 2,000 gpd water tight manhole with cover. W:`Every distribution box shall have a'initinimum,sump of six inches as measured below the outlet invert elevation: 5.233: Siphons The use of siphons for on-site systems, including shared systems, is prohibited unless approved as a. component of a recirculating sand filter or other alternative technology. 15.240: Soil Ab gE21ion stems (1) On-s►te subsurface sewage disposal systems shall be located in an area where there is at least a four foot depth of naturalny occurring pervious soil below ,the entire, area .of the soil absorphomarea and` reserve. area unless I variance is issued in accordance with the provisions of 310 CMR i5.415(20)_ Thefourr foot straturri ,must be free; of impervious -(as defined in 310 CNR 15.002) materials.. (2) Effluent from any component of an on-site sewage disposal system shall not be disposed of by direct discharge to any waters of the Commonwealth, unless in compliance with a permit issued pursuant to 314 CMR 3.00 .(surface water pennitting) or 314 CMR 5:00 (groundwater permitting). (3) 'Soil absorption systems shall be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of effluent distribution lines so that the effluent can migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b) removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT' OF ENVIRONMENTAL PROTEC`nON f }.. 15.353: continued z (b) repair or replacement of .one or more structuralcomponents of a system which is ? otherwise in compliance with 310 CMR 15.000, such as a clogged. building sewer or distribution line, damaged building sewer,. septic tank or distribution box, or broken tee A. d{ which is determined to be the probable cause of the system failure and for which no modification or alteration of the system design is required; and shall be completed within is 30 days. p thm (2) All emergency repairs other than pumping shall be followed within 30 days of the emergency repair by an application for a Disposal System Construction Permit, local upgrade approval; or an, application fora variance, if needed, pursuant to 310CMR, 15.411(2). The applicant may backfill any .excavation required _for the emcrgency,repair : unless directed otherwise by the approving authority.. Pumpingshall be reported to the local approving authority. (3} Any upgrade or expansion of a system which is not an emergency repair shall be designed, approved, and constructed in accordance with 310 CMR 15.W. 15.354: Abandonment of Systems (1) Whenever the .use of a.system ts:discontinped following connection. to,a•munici emoLtion of apal or private sanitary sewer or following condemnation or d. building served.`by the system,. the system shall. be considered .abandoned aired any further use' of the `systerri':for any purpose shallbe prohibited unless after urspection the approving authorityctermines the system is in. compliance or can be.brought jhto:coinpliancc with 310 CMR 15:000. (2) Continued use of a septic, tank where the tank is to become an integral part of a sanitary sewer system requires thq pnor iwri NR.;approval of the.,Department. (3) The following procedure shall be used to abandon a system. .(a) The facility owner shaII _��ply to the approving authority to,abandon.the existing sy44m ciztng lite reasoj andonmcnt rs necessary,:and where connection to mnriicipal or pnvate sanitary sewer has been rr}adc, a; copy, of the. sewer conrtet aon perrntt shall" be submitted with, the appltcauoni (b `uPPn receipt of,the approvulg.authonty'._s written approval to abandon.,the system, the septic tank shalt be pumped. of its .entire ;Fontents";by a licensed-septag,trulcr;' and. (c) The tank,shall. be excavated -aqd removed from thesite. or.ihc. bottom of the tank Shall "bc opened of ruptured after being pumped of its content so as to prevent retainage gf,vt'atc;an�i 01, tank.shall be completely: filled with clean sand_ 15.401; General Provrstors (I Excep as 5e fp 10 1s A01 through 15 4 , a�►p1 `a op eonstrnct, yup et 55�J= [7 �'.�IId WOr1 ^ 3 x ♦� ..y.'{e; l� "�`�-.�-# b s*#Jty�YUJ�n��W a r`+Sy`7- o�>t7_e11bC EoUC; Irlu�l (I11 # Wljll procedu hni g k IT Wilt �( . - 3 � � nes a pa�10 (2) •lnw tt x 2� e Ct, 5 IT ° 1 l >io be nog W� 11 pt#ofp� , requests t9 varYrnStarr 5�of approval or ",a vanancc shaif s r r :r Y, ofrr ti ap e •i z 4 carefully rcvtcwcd by the apProvurg anthonfyYand, where . required, by,the DCpresat3`M y � 3/24/95 (Effective 3/31/95) 310 CMR - 551 3100,4R: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.402: Use of Local U erade Approvals or Variances (1) Local Upgrade Approvals may be granted by local approving authorities without review by the Department for required or voluntary upgrade of failed or nonconforming systems with design flows below 10,000 gpd in accordance with the terms and provisions of 310 CMR 15.402 through 15.405. Upgrade Approvals for required or voluntary upgrade of systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which are failing to protect or are a significant tr- ear to public health and safety and the environment as set forth in 310 CMR 15.304 shall be approved by the Department. (2) Proposals for new construction or for increase in flow: to an existing system other than in full comyliarice with 310 CW. 15.100 through 15,293 must, seek -and obtain a. variance fromtht'local approvuig authority and the Department (with'.the except on ,those variances set forth at 320 CMR 15:412(4) for which the Department has no review) in accordance with the terms and conditions of 310 CMR 15.410 through 15.427. 15.403: Local Ufi r— Je Atwrovals (1) The owner or operator may upgrade a failed or nonconforming system with design flows below 20,000 gpd (systems which trigger failure criteria set forth at 310 CMR. 15.303) or systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which fail to protect'public health and safety and'the environment (large s &- 15.304(1)) $ Y ermms-set forth -At 310 CMR )) Pursuant, to :a Local `upgrade approval in acca -d"' -with the 'standards and requh-C rents' of 110 CMR 15:404'and15.405 without obtaining Variances 'I:ocai upgrade approvals for any system serving a facility owned `by an agency `of the Cointtionwealth' or the federal government or systems with design. flows of 10;000 .gpd or greater but less than '15,000 shall be granted Uy -the Department applying the same standards: The application for a local upgrado'%`approval shall be made using a "form approved' ly the De Notification to abuilers sh'allabe"provided:pursuaiit to 310MR' .15-414'00)' Pent (2).� 1lp9rade"app;owls shall ribt be°graritrri for ti`''' id'e 'r'o addition of+riew dbsignTfla�s6e 1 or rFIs which include the abover llr&e{ 1sti a f Privy orfor the -addition of jncw design flows o P i3ei#lraPhoity of: a systcrii constrtioteif'in aeGordanee with the provisions of �3iD,<CIM'�51000,oytht '-i 978 Code. (3) Systerit upgrades which cannot be performed in accordance with 310 CMR 1:5.404 and 1'5:405 require a variance from the provisions of 310 CMR 15.000, which shall be processed in accordance with 310 CMR 1,1410Ahrough 15:417. (4) The system owner or operator shall provide a copy of the Iocal upgrade approval to the Department upon issuance by the local approving authority and before 'eonimenecment: of constnictiori (1:) Goal. of full compliance. Wherever feasible, a failed or nonconforming system (other than systems threatening public health and safety or the environment as described in 31.0 CMR -`j15 304(2)) shall be b ought into furl compliance through installation. ofon-I' - moic'of the�following::: - .. , (a> an uPgradcd systerrr which is in full compliance with 3,10 CMR 151S.100�tlirougft :293, (b) an alternative system which has been approved for such,use pursuant to 3-10 CMR- 1.Sa284.(remedial use), 15.285 (piloting), 15.286 .(provisional approval), or 15.288 (certification for general use); (c) where -proposed by the owner or operator, a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. 3/24/95 (Effective 3/31/95) 310 G1vIR - 552 i ' 310CiViR: DEPARTMENT OF ENVIRONS MNTAL PROTECTION k p' 15.404: continued 1 Where failure of the system is solely due to failure of the septic tank, distribution box, soil ° absorptionsystem, rPpiping, and/or building sewer, upgrade of that components) in full t' compliance with 310 CMR 15.000 shall.be deemed to meet the goal of full compliance; provided that the upgraded component functions properly with the other system components, the system functions properly hydraulically, and the owner obtains a certificate of compliance fromthe approving authority. If other system failures are discovered during upgrade of" that "( component(s), such other system failures shall be upgraded in accordance with 310 CMR 15.405. (2) When full compliance pursuant to 310 CMR 15:404(1) is not feasible, the approving authority shall issue a local upgrade ilpproval authotzin ii a of the system with the -goal of maximizing protection of public iie'alth and safety and the environment to the maximum extern feasible The -following re31quirements shall not _be varied by the local approving authority except as explicitly set forth in noCMR 5.404(2)(b) and`(d): (a) A.septe tank with an effective liquid capacity providing no less than 24 hours 'of retention`time or 1000 gallons whichever is greater, shall be provided unless the septic tank is an elevated tank constructed in accordance with 310 CMR" 15 213 (construction in V_ Zones) in which case the'effecttve'llquid capacity may consist of is do -gallon tank. (b) A minimum' offour feat of separation between the`bottom of'tlie soil absorption system and the high groundwaterl ,� ` eevation shallbe provided,- using filf if necessary. The local, approving, autliotty rnay'allow a three footseon only in full cOinnlian�givith ..... (c) A minitnuin'offotir"feet `of naturall}l`odcurring pernotis soil below the entire area of the soilEabsoi ption arca and t`eserve aYe s}iall be provided ' , (d) The 'soil absorpgorl43j+sterir shall be designed to provide as much of the required area as.possible on Fthe='facihry'srded fir, tf proposed by the owner or operator; on an abutting facility pursuant tt ' a valid `recoi dell easement. The local:approvmg authority may reduce the required soil absorption system area no rnore that `25%, as provided in .310 CMR 15:405(1):- Reducf ons in rhe'°regi ired'subsurface disposal area in excess of 25% may only be vaned by the D`epartiitent, and' may require the`tnstallation of a Departrnent-approved "septic talk eiiltie' teee'filt' dosing of portions. of the soil absorption system on an alte'naiffitbasis,'and/or other rneasur'es to protect the integ ty of the soil absorption system; and 1, .: . (e) the soil absorptionsyy'stem shall not be located within 100 feet of a surface water supply or tributary to a surface water supply; within 50 feet of a private water supply well, or within the Zone t of a public water: supply well: 15.405 rnntr ntc of r n t Y)R�,rade AFpLQY3l (I) Ingrantirig'local upgrade approvals pursuant to 3I0`CMR 15 404(2): where,fulI egmpliance . as defined in 310 CMR 15 404('lj is not feasible, the loca"app" covin g�authonty shall consider the impact'of the proposed'system and shall -vary to the least degree neecessaiy the requuernents of 3 I O Ci\IR I S 100° through 15 293 so as'to allow for both the:,best feasible up ade within the borders of the lot, and have the -least effect on , ubhc h p ealth, safety and the envirocment. The local approving authorityis allowed to.:diverge from tlie'goal offnll coni liance;onl to the feastbl t extent ZZGc'., hey tQ��clie"�ea feasible upgrade In determining whethell full,. compLance is e; pprovuig authority shititd apropiarely consider not oni hysical ; ssibility as dictatesi vin �z+ft Fa �n) �++,u,c upgrape costs. the aPProg authority should erriphasize protection of water irrsources adt%atment$of tire' sanitary sewage .flbseni conditionswhich would.result ina different outcome based on best professional judgment, the options'set forth.below should be considered in fire or, der.in which they appear with 310 CMR IS:405(1)(a) being the'first option to be considered and rejected or adopted and 310 CMR 15.405(1)(i) being the last option to be considered and rejected or adopted: (a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for I. property lines provided that a survey of the property line shall be required if a component is to be placed within five feet of the propertyline, and no such reduction shall result in the soil absorption system being`located less than ten feet from a soil absorption system on an abutting property; (b) Reductions of system location setbacks from cellar—wall, swimming pool, or slab foundations; 11/3/95 310 CMR - 553' 11/3/95 310 CMR: DEPARfVIENT OF ENVIRONMENTAL PROTECTION 15.405: continued (c) Placement of the leaching structure within an area where percolation rate is between 30 and 60 minutes per inch, in accordance with 310 CMR 15.2421- (d) Up to a 25% reduction in the required subsurface disposal area design requirements; (e) Where upgrade is required pursuant to 310 CMR 15.303(1) because it is within Zone I of public well or within .100 feet of private well, relocation :of the well. Any relocation of a public well shall be performed pursuant to 310 CMR 22.00 (water supply source approval); (f) Reduction of system location setbacks from bordering vegetated wetlands;' (g) Reduction of system location setbacks from surface waters, salt marshes, inland and coastal banks, certified vernal pools in accordance with 310 CMR 15.211(1)(2], leaching catch basins, dry wells; or surface or subsurface drains other than those which .discharge to surface water suppliesjor tributaries thereto; (h) Reduction of system location setbacks fiom water supply lines, private water supply wells (but not within 50 feet of the well) tnbutaries.toaurface water supplies, surface water supplies, but not within 100 feet of the surface: water supply or tributary thereto or open, surface or subsurface drains which discharge. to surface -water supplies or tributaries thereto. 14 (i) the local approving authority may 3 educe the re uired:four foot separation (in soils with a recorded percolation rateof more than..two rrunutes.per mch) or the required five foot separation (in soils with a recorded percolation rate of two. minutes or less per inch) between the bottom of.the soil ab tion system;and the;high.groundwater•.elevation oyy.ifall of the following coridrtions are met: 1`m An approved, Soil Evaluator who Xr. a mernper,or agent of the local approving authoritYdetermines the h vh ark, 'Tlt- zi,; - 2. ' 2. A.rninimum.threevfootz than two mmutes.per inch) percolation rate of two T}re.system a design flowo es 4 4. No merease m d 5. NOT u - -Omrn bordenng ,vegetated vernalpools ," ater�, suppIres; .o draiim i allowed.,'_ ),ration,, (in soils with, a recorded percolation rate of more a,minrrnum four foot separation (in soils with a recorded rtes. or less per inch). between the bottom of the soil r groundwater.elevation.is.maintained: ion -conform nq.system�serving an. existing .building with D gpd . or 'square:footage of. the,buildmg is allowed. iclung field size or•setbacks &qm public.or private wells, surface waters„ salt marshes; coastal banks; certified S surface water supplies or tributaries to -surface water barge to surface water supplies or their tributaries, is (2) No application for an upgrade approval in which, the setback from property lines, or a private water supply well is reduced shall be complete until the applicant has notified all abutters whose propertyor well is affected by certified mail at his/her own. expense at least, ten days before the Board ofHealth meeting at which the upgrade approval' w 11 be on the agenda. The notification shallreference the standards set forth in 31U CMR 15.402 th ough:15'4Q5 and•mdicate the date, tsme a„d;piace where he up:"'grade approval will;be discussed. (3) If the nonconformin1 g sem cannot be upgraded in accordance with 310 CMR 15:404 and 15.405(1) the owner shall: " (a) obtain a groundwater discharge permit pursuant to 314 CMR 5.00 and 6.00, (b) apply to the Department to use a tight tank or modified ti . t tank in accordance with the provisions of310 CMR.15.260thr60g4 15 262 (e)appiy fora vanance.pursuant to 31"o °CMR 15.410 through 15.415 or (d) abandon floe system incompliance with 310 CMR 15.354. (4) 33othusg:in 310 CMR 15.405 shall authorise violation of M.G.L. c. 13;1, §.40 and 310 CMR 10'00, or anyo, er applicable provision of law. 310 CMR -55.4 31.0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.410: Variances - Standard of Review (1) Local approving authorities and the Department may vary the application of any provisions of 310 CMR I5.000 with respect to any particular case except those listed in 310 CMR 15.415. Variances shall be granted only when, in the opinion of the approving authority: (a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.000 from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and (b) The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought. (2) With regard to variances for new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of substantially all beneficial use, of the subject property in order to be trianifestly unjust. 15.411': Process for Seekine':a Variance From Local Approving Authorities. (1) The local approving' 2uthonty shall review requests for variances as follows: (a) Everyregiicst-for a variance shallbe u►1wnting an shall make reference to the specrfii prov>sion of 31O CMi ''15 OOO fi5r which asvariance is's`oughi and:'statement in (b _compliance ) orpurkeappahsotf4hnied' all abutters 'by-certifiCd&mail at-his/her=own. expense at least ten' days before4'thc Board of Health mecttngof whit i the variance request will be on .the agenda: The: notification shall"reference Stift specife provisions -of,310.CMR 15.000` from whioh• a variance is sought,. a statemetnt of the standards set forth in 31`0 CMR 15.410 and the date, time and 'place•whtft the'appl cation will bd d;scdssed: (2) Emergency repairs purtbant' to 310 CMR 15.353 may be performed with out seeking. a vainaricc The: owner `of the"'systern must. see k: 'a variance within 30, calends days :after . performing theemegeocyrepaus (3) Arty variance a1l6Wed'by the=local approving'authority shall 'be' ut writing. Any denial of a vanafte'shall also bein'writing and shall -contain a: -brief statement of the reasons for the denial: A copy'of-each variahee `shall be conspicuously posted for 30 -days following its issuance, and shall bt available to the" public' at 'au reasonable hours in the office' of the. city or town clerk or the office of the Board of Health while it is in effect. (4) A request for a variance .for a residential facility` with four units or less -(as described �- tn1..'e. 1-11,` ME) shall be deemed corrstnictively approved'°.by local approving authority if the local'approving authority docs not act upon it within 45 days of receipt of a compl`etc application Such"='vartanc s are still 'scibject- to review' by the' Department in accofdance with 330' CMR 15:412 ,15.4.12: Review.of Variances by the Devartment (1) Except as provided" in- 310 CMR 15:412(4), the applicant shall file a copy of each variance granted by0 local approving authority -with the'D44ttmc_ nrtogether with the fee specified if -316 C1vIR4400. The'Depa ti tent shall revit�v'a1l'those issues raised before the local approving authority -and may review other issues raised by- the application, all in accordance with the standards set in 310 CMR 15.410. (2) The Department shall approve, disapprove or modify the variance granted by.the local approving authority, or shall request additional information to be provided by the applicant, within 30 calendar days of the Department's receipt of the request. If the Department has requested additional information, it shall approve, disapprove or modify the variance within 30 days of receiving the applicant's response. 3/24/95 (Effective 3/31/95) 310 CMR - 555 I V 777 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION CTION JI, 15.414: continued (2) The system cannot be brought into full compliance through any of the following: r 'E. (a) an upgraded system which is in full compliance with 310 CMR 15.100 through ryAF` 15.293; ?` (b) an alternative system which has been approved for such use pursuant to 310 CMR . .k 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 - (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with',,the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely provide better :protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but are more1ikely to- constitute improvements over systems. nonconforming or failed 15.415: Provisions From Which No' Variance 11fia be.Grantcd; `" (1)No-variance from the muiimum requirement of four feet of naturally occurring pervious material set forth in 316 CMR -15-240(1) shall' be granted `for.new' con'sttiiction. (2) .For -upgrade of sj%Stem vorin.crease ofrilow to'ez snng`systeriis,`ho variance from the ?miiiunum 1equuement of four feet of naturallX occumng pervious matenai se"t forth iii 310 CMR 15:240(1) shall be `gtanted unless`the applic.int demonstrates that afteritadves for siting an on-site system with. four feet of naturally._occumng pervious material or connection to a samtary=sewer or cbnnect-ion;to xshared system are not feasible. `Where no.such alternatives are„feasible, a vanance:.tti allow• th ' repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration ,of. the following;;' (a) evidence; the. result -of:`deep observation hole testing, that the four feet regitirement cannot, be met anywhere on the site; (b) evidence that easements -to adjacent property on which a system in compliance .with the four feet requirement could be installed have been.requcsted and, n'ot and 'be 'obtained; (c) evidence that site testing to :establish high'ground-water elevation conducted in accordance with the =procedures set forth` in 310 CMR 15:103 �}as been,' conducted in conjunction with preparation of design plans and specifi replacement. cations 'for, the repair or 15.416: Variances ur.ach,ls (1) For purposes of 310 CMR 15.416; a school means any public or privately -owned elementary, middle, or secondary school: University, college or other adult educational facilities, regardless of ownership, att not considered '.schools for thew ptuposes; ` (2) The Department may vary the application of provisions of 310 CMR 15.000 as in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Specified(a) ;the variance is n`ecessaty to accommodate an overriding Department,that: community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR - 13.000 from which a. variance is sought. The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. 3/24/95 (Effective 3/31/95) 310 CMR - 557 e F # 310 CMR: DEPARTMENT. OF ENVIRON-NIENTAL PROTECTION 15.417: continued (6) No applicant shall be deemed to be entitled to selection of his or her site under 310 CMR 15.417, and the selection determination shall not be subject to the review process set forth in 310 CMR 15.422: A rejected applicant may file an application for a Disposal System Construction Permit pursuant to 310 CMR P 15.020, and if recess pursuant to 310 CMR 15.410 through 15.415. �' may seek a variance 15.420: Appeals of Variance Determination (1) The denial of a variance is not.an order. (2) Variances which_ are'reviewed �y the local approving authority but not acted on by the Department may be appealed pursualt to 310 CMR 15.421. (3) Variance requests which are reviewed and decided by the Department may be appealed . pursuant to 310 CMR 15.422. 15.421: Appeals From .Determinations by Local Approving Authority Any person aggrieved by any orc_-, variance, issuance or denial of abisposal System Construction Permit, Local U e Approval or al PJB PP Certificate :of Compliance issued b a local approvingauthori may a Y -authority y ppeal to any coon of competent jurisdiction as provided` for by the laws .of the Commonwealth. 15.422: Appeals` of Departmental Determinatiori3 (I) An applicant who is aggrieved by a variance determination by the Department may request an adjudicatory hearing on that determination in accordance with 31'06 CA& 1 A0 and M.G.L. c. 30A. (2) Any person aggrieved byat► drder, or by a commonality determinationTursuant to 310 CMR 15.Ul I,'issued `by the Department; may request an adjudicatory hcanrig;'in accordance with the.provisions of 3.10 CMR 1.00'`and M G.L: c. 30A. 15.500: Purpose The provisions of 310 CMR 15.500 through 15.505 are intended. to provide for safe,. efficient and economical means of collecting transporting and disposing of septage. 15.501: Regi-onal.Abatement Districts (1) Handling of septagc through regionalized authorities or districts can promtite public safety: efficient regional planning, sufficient capacity and cost -savings for individuals, the Commonwealth and its 'political °subdivisions: (2) One or more cities and towns, pursuant to the provisions of M.G.L. c. 21, H 29 and 30, and M.G.L c: 111, H 31 and -31D may enter into an -abatement ft —,cf for the purpose of arranging for the` transport and disposal. of septage: gencrated. ividlia 0i 'boundA modefiegu anon for th&urposes of forming a `district may be -9 from the Dtpai tmenC 15.502: Transportation (1) No person shall remove and transport septage through the streets of any city or town or via any state or federal highway located within any city or town in which the septage was first collected without first obtaining a permit from the board of health of such city or town in accordance with 310 CMR 15.000 and M.G.L. c: 111, § 31A. An application for such permit shall'be in such form and contain such information, on oath, as such board shall require. 3/24/95 (Effective 3/31/95) 310 CMR - 559 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15,23-1 Distribution 5oxes (1) For all gravity flow distribution systems, a water tight distribution box designed to provide = the distribution lines of the soil absorption system equal distribution of septic tank effluent to shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimension of the distribution box, regardless of material, shall be 12 inches. (c) The minimum wall thickness for reinforced concrete shall be two inches. (3) The distribution box shall conform to the following design specifications: (a) When the soil absorption system is to be dosed or the slope of the inlet pipe exceeds C 0:08 feet per foot, an inlet tee, baffle or splash plate extending to one inch. above the outlet invert elevation shall be provided to dissipate the velocity of the influent. (b) The invert elevation of all outlets shall be equal to each other and located at least two inches below the invert 'elevation of'the inlet. The distribution lines leading from the distribution box shall all have the same invert elevation as determined by flooding the distribution box to the height of the distribution line invert after all lines have been sealed in place. If all inverts are not the same elevation, they shall be adjusted by filling with durable and non -deformable material permanently'fastened to the. fine or reconstructing the lines until'all inverts aie at the same elevation. (c) Outlet distnbuuon lines shall be level for a minimum of the first, two feet of their length. There shall be at least, one outlet for each effluent distribution line. (d) Every distribution box shall have a water tight cover or in the case of systems with a design flow greater than 2 OOO.gpd, water tight manhole with cover. (e) ' Every distribution box shall have a minimum sump of six inches as measured below the outlet invert elevation. f 15:233: Siphons The use of siphons for on-site systems, including shared systems, is prohibited unless approved as a component of a recirculating sand filter or other alternative technology. 15.240: Soil Absorption Systems (1) Onsite subsurface sewage disposal systems shall be located in an area where there is at least a four foot depth of naturally occurring pervious soil below the entire area of the soil absorption area and reserve area unless a variance is issued in accordance with the provisions of 310 CMR 15.415(2). The four foot stratum must be free of impervious (as defined in 310 CMR 15.002) materials. (2) Effluent from any component of an on-site sewage disposal system shall not be disposed of by direct discharge to any waters of the Commonwealth,, unless in compliance with a permit issued pursuant to 314 CMR 3.00 (surface water permitting) or 314 CMR 5.00 (groundwater permitting). (3) Soil absorption systems shall be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of effluent distribution lines so that the effluent can migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b) removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.2-31 Distribution Boxes (1) For all gravity flow distribution systems, a water tight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimension of the distribution box, regardless of material, shall be 12 inches. (c) The minimum wall thickness for reinforced concrete shall be two inches. (3) The distribution box shall conform to the following design specifications: (a) When the soil absorption system is to be dosed or the slope of the inlet pipe exceeds ' T,08'fief per foot, an inlet tee, baffle or splash plate extending to one inch above the outlet invert elevation shall be provided to dissipate the velocity of the influent. (b) The invert elevation of all outlets shall be equal to each'other and located at least two inches below the invert elevation of the inlet. The distribution lines leading from the distribution box shall all have the same invert elevation as determined by flooding the distribution box to the height of the, distribution line invert after all lines have been sealed in place. If all inverts are not the same elevation, they shall be adjusted by filling with durable and non -deformable material permanently.ffastened to the -fine or reconstructing the lines until all inverts, are at the same, elevation. ' (c) Outlet distribution lines shall be level for a minimum of the first two feet of their length. There shall be at least one outlet for each effluent distribution line. (d) Every distribution box shall. have a water tight.cover or in the case of systems with a 'design flow greater than 2,000 gpd, water tight manhole. with cover. (e)' Every distribution box shall have a minimum sump of six inches as measured below the outlet invert elevation. 15.233: Siphons The use of siphons for on-site systems, including shared systems, is prohibited unless approved as a component of a recirculating sand filter or other alternative technology. 15.240: Soil Absorption Systems (1) On-site subsurface sewage disposal systems shall be located in an area where there is at least a four foot depth of naturally occurring pervious soil below the entire area of the soil absorption area and reserve area unless a variance is issued in accordance with the provisions of 310 CMR 15.415(2). The four foot stratum must be free of impervious (as defined in 310 CMR 15.002) materials. (2) Effluent from any component of an on-site sewage disposal system shall not be disposed of by direct discharge to any waters of the Commonwealth,, finless in compliance with a permit issued pursuant to 314 CMR 3.00 (surface water permitting) or 314 CMR 5.00 (groundwater permitting). } (3) Soil absorption systems shall be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of effluent distribution lines so that the effluent can migrate through the underlying soil column under �i unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; i(b)removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT OF ENVIRON'vfENTAL PROTECTION 15.23Distribution Boxes (1) For.all gravity flow distribution systems, awater tight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimension of the distribution box, regardless of material, shall be 12 inches. (c) The minimum wall thickness for reinforced concrete shall be two inches. (3) The distribution box shall conform to the following design specifications: (a) When the soil absorption system is to be dosed or the slope of the inlet pipe exceeds ,� >t'008 feet per foot, an inlet tee, baffle or splash plate extending to one inch above the outlet invert elevation shall be provided to dissipate the velocity of the influent. (b) The invert elevation of all outlets shall be equal to each other and located at least two inches below the invert elevation of the inlet. The distribution lines leading from the distribution box shall all have the same invert elevation as determined by flooding the distribution box to the height of the distribution.line invert after all lines have been sealed in place. If all inverts are not the same elevation, they shall be adjusted by filling with durable and non -deformable material pertnanently fastened to the. fine or reconstructing the lines until all inverts are atIthe'same elevation. (c) Outlet distribution nes shall be level fora minimum of thefirst two feet of their length. There shall be at least, one outlet for each effluent distribution line. (d) Every distribution box shall have a water tight cover or in the case of systems with a design flow greater than 2,000 gpd, watertight manhole with cover. (e)' Every distnbutton boz shall have a minimum sump of six inches as measured below the outlet invert elevation. 15.233: Siphons The use of siphons for on-site systems, including shared systems, is prohibited unless approved as a component of a recirculating sand filter or other alternative technology. 15.240: Soil Absorption Systems (1) On-site subsurface sewage disposal systems shall be located in an area where there is a least a four foot depth of naturally occurring pervious soil below the entire area of the soil absorption area and reserve area unless a variance is issued in accordance with the provisions of 310 CMR 15.415(2). The four foot stratum must be free of impervious (as defined in 310 CMR 15.002) materials. (2) Effluent from any component of an on-site sewage disposal system shall not be disposed of by direct discharge to any waters of the Commonwealth,, unless in compliance with a permit issued pursuant to 314 CMR 3.00 (surface water permitting) or 314 CMR 5.00 (groundwater permitting). (3) Soil absorption systems shalt be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of eluent distribution lines so that the effluent can migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b) removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT OF ENViRON1v1ENTAL PROTECTION 15,232 Distribution Boxes (1) For all gravity flow distribution systems, a water tight distribution box designed to provide equal distribution of septic tank effluent to the distribution lines of the soil absorption system shall be provided between the septic tank and soil absorption system. (2) Construction of the distribution box shall be in conformance with the provisions of 310 CMR 15.221 (general construction requirements) and 15.226 (septic tank construction), with the following exceptions: (a) The distribution box may be constructed of plastic or other materials approved by the Department if anchored in place with or on a concrete pad which is at least six inches in thickness and 1.5 times the bottom surface area of the distribution box. (b) The minimum inside dimension of the distribution box, regardless of material, shall be 12 inches. (c) The minimum wall thickness for reinforced concrete shall be two inches. (3) The distribution box shall conform to the following design specifications: (a) When the soil absorption system is to be dosed or the slope of the inlet pipe exceeds `t 0 08 fief"per foot, an inlet tee, baffle or splash plate extending to one inchabove the outlet invert elevation shall be provided to dissipate the velocity of the influent. (b) The invert elevation of all outlets shall be equal to each* other and located at least two inches below the invert elevation of'the inlet. The distribution lines leading from the distribution box shall all have the same invert elevation as determined by flooding the distribution box to 'the height of the distribution line invert after all lines have been sealed in place. If all inverts are not the same elevation, they shall be adjusted by filling with durable and non -deformable material permanently fastened to the.Gne or reconstructing the lines until all inverts ar''e at the same elevation. (c)' Outlet distribution lines shall be level fora minimum of the first two feet of their length. There shall be at least one outlet for eacheffluent distribution line. (d) Every distribution box shall have a water tight cover or in the case of systems with a design flow greater than 2,000 gpd, water tight manhole with cover. (e)' Every distribution box shall have a minimum sump of six inches as measured below the outlet invert elevation. 15.231 Siphons The use of siphons for on-site systems, including shared systems, is prohibited unless approved as a component of a recirculating sand filter or other alternative technology. 15.240: Soil Absorption -Systems (1') On-site subsurface sewage disposal systems shall be located in an area where there is at least a four foot depth of naturally occurring pervious soil below the entire area of the soil absorption area and reserve area unless a variance is issued in accordance with the provisions of 310 CMR 15.415(2). The four foot stratum must be free of impervious (as defined in 310 CMR 15.002) materials. (2) Effluent from any component of an on-site sewage disposal system shall not be disposed of by direct discharge to any waters of the Commonwealth, unless in compliance with a permit issued pursuant to 314 CMR 3.00 (surface water permitting) or 314 CMR 5.00 (groundwater permitting). (3) Soil absorption systems shall be designed as an integral part of the system. Septic tank effluent is to be distributed throughout the soil absorption system by means of effluent distribution lines so that the effluent can migrate through the underlying soil column under unsaturated flow conditions. All soil absorption systems shall achieve the following objectives of the soil treatment process: (a) maximum stabilization of organic wastes in the effluent; (b)removal of pathogenic organisms, nutrients, and particulates; 3/24/95 (Effective 3/31/95) 310 CMR - 523 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely provide better protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but are more likely to constitute improvements over nonconforming or failed systems. 15.415. Provisions From Which No Variance May be Granted (1) No variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted for new construction. (2) For upgrade of systems, or increase of flow to existing systems, no variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15•.240(1) shall be granted unless the applicant "demonstrates that alternatives for siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or connection to a shared system are not feasible. Where no such alternatives are feasible, a variance- to allow the repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following: (a) evidence, the result of deep observation hole testing, that the "four feet requirement cannot be met anywhere on the site; (b) evidence that easements to adjacent property on which a system in compliance with the four feet requirement could be installed have been requested and can not be obtained; and (c) evidence that site testing to establish high ground -water elevation conducted in accordance with the procedures set forth in 310 CMR 15.103 has been conducted in conjunction with preparation of design plans and specifications for the repair or replacement. 15.416: Variances for Schools (1) For purposes of 310 CMR 15.416, a school means any public or privately -owned elementary, middle, or secondary school. University, college or other adult educational facilities, regardless of ownership, are not considered schools for these purposes. (2) " The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a School demonstrates to the satisfaction of the Department that: (a) the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought. The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. 3/24/95 (Effective 3/31/95) 310 CMR - 557 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely provide better protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but are more likely to constitute improvements over nonconforming or failed systems. 15.415' Provisions From Which No Variance .May be Granted (1)No variance from theminimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted for new, construction. (2) For upgrade of systems, or increase of flow to existing systems, no variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted unless the applicant demonstrates that alternatives for siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or connection to a shared system are not feasible. Where no such alternatives are feasible, a variance to allow the repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following: (a) evidence, the result of deep observation hole testing, that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements to adjacent property on which a system in compliance with the four feet requirement could be installed have been requested- and can not be obtained; and (c) evidence that site testing to establish high 'ground -water elevation conducted in accordance with the procedures set forth in 310 CMR 15.103 has been conducted in conjunction with preparation of design 'plans and specifications for the repair or replacement 15.416: Variances for Schools ,R (1) For purposes of 310 CMR 15.416, a school means any public or privately -owned elementary, middle, or secondary school. University, college or other adult educational facilities, regardless of ownership, are not considered schools for these purposes. v (2) The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Department that: (a) the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. 3/24/95 (Effective 3/31/95) 310 CMR - 557 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely provide better protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but are more likely to constitute improvements over nonconforming or failed systems. 15.415: Provisions From Which No Variance May'be Granted (1) No variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1)1 shall be granted for new construction. (2) For upgrade of systems; or increase of flow to existing systems, no variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15•.240(1) shall be granted unless the applicant demonstrates that alternatives for siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or connection to a shared system are not feasible. Where no such alternatives are feasible, a variance to allow the repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following: (a) evidence, the.result of deep observation hole testing, that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements to adjacent property on which a system in compliance with the four feet requirement could be installed have been requested- and can not be obtained; and (c) evidence that site testing to establish high ground -water elevation conducted in accordance with the procedures set forth in 310 CMR 15.103 has been conducted in conjunction with preparation of design plans and specifications for the repair or replacement. 15.416: Variances for Schools' (1) For purposes of 310 CMR 15.416, a school means any public or privately -owned elementary, middle, or secondary school. University, college or other adult educational facilities, regardless of ownership, are not considered schools for these purposes. (2) ' The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Department that: (a) the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought. The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. 3/24/95 (Effective 3/31/95) 310 CMR - 557 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.414: continued (2) The system cannot be brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely provide better protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but are more likely to constitute improvements over nonconforming or failed systems. 15.415: Provisions From Which No Variance May'be Granted (1)No variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted for new construction. (2) For upgrade of systems, or increase. of flow to existing systems, no variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15•.240(1) shall be granted unless the applicant demonstrates that alternatives for siting an on-site system with four feet of naturally occurnng pervious material or connection to a sanitary sewer or connection to a shared system are not feasible. Where no such alternatives are feasible, a variance to allow the repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following: (a) . evidence, the result of deep observation hole testing, that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements to adjacent property on which a system in compliance with the four feet requirement could be installed have been requested and can not be obtained; and (c) evidence that site testing to establish high ground -water elevation conducted in accordance with the procedures set -forth in 310 CMR 15.103 has been conducted in conjunction with preparation of design plans and specifications for "the repair or replacement. 15.416: Variances for Schools '< (1) For purposes of 310 CMR 15.416, a school means any public or privately -owned elementary, middle, or secondary school. University, college or other adult educational facilities, regardless of ownership, are not considered schools for these purposes. y (2) ' The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Department that: (a) the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought. The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. 324/95 (Effective 3/31/95) 310 CMR - 557 North Andover Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 — Fax healthdept(aD-townofnorthandover.com - E-mail www.townofnorthandover.com - Website Letter of Transmittal Page i of IVL Oq_ CO[MKM\wKM 7' TO: DANIEL OTTENHEIMER DATE: �1 COMPANY: MILL RIVER CONSULTING FROM: Pamela DelleCfiiaie, Health Department Assistant Phone: 1.800.377.3044 or 978.282.0014 Re: Fax: 978.282.0012 We are sending you. O Soil Test Application O Plans for Review O Other These are transmitted as checked below: []As Required 0 A Requested REMARKS: COPY TO: Homeowner Fax # Or Mailed COPY TO: Fax # Or Mailed Fax # COPY TO: Or Mailed 0 L&J Q) z GJ Q� LAJ LA�l Lai 00 O 8 fO CL )skOulNu-1 Hoj-Qc-:�l2l (6ZZ 10� 8901 addw s�oss3ssoi - T T LOCUS MAP NOT TO SCALE 4" SCH 40 9, 136 134 132; 134 136 BENCHMARK., SPIKE SET IN 8" BIRCH ELEV. = 135. 6 REMOVE TOP AND SUBSOIL IN THIS AREA SEE NOTE 3 GRADING / EASEMENT�j i I om '"'`�� ,moi,,"•'��� �n �I�'��Ir,� , ��/ LOT 12 t N F PA TEL F BODES DATA °� .NGINEER: CHRISTIANSEN & SERGf, INC. SCOTT GILES, STEVE D URS .SPECTOR: SANDY STARR SUSAN FORD PERC TEST N0. 11-8 DATE: 7/13 134i45" 5 SOAK: 1:30 12" 1:48 9" 2:04 6" 2:31 L 130.8 PERC RATE: 9 M1 tv TEST PIT 1 1-3 DATE: 4/ D/ tfa o PERC TEST N0. 11-9 DATE: 7/1 W a ? o DESCRIPTION 135.0 SOAK: 2:17 12" 2:32 134.3_ 0 _SURFACE_— 9" ;:38 F A: FINE SANDY LOAM 6" 2:57 133.3 12 BW: FINE SANDY LOAM PERC RATE: 7 1 52" 130.7 _131.6 131.3 32 GW036 j// C: 2.5Y4/3 FINE SANDY LOAM MASSIVE FRIABLE E.S.H.W.r. a 36": MOTTLING TEST PIT N0. 1 1-5 DATE: 4/7/� a Z uj �W o `� DESCRIPTION rEsr PIT 11-4 DATE: 4/7/95 134.5 D SURFACE ---- A: FINE SANDY LOAM 134.1 5 Z 133.0 18 BW: SANDY LOAM 0 E.S.H.W.T. O 18": MOT- OTDESCRIPTION 132.2 27 DESCRIPTION ��/M BC: SANDY LOA . 134.2 0 SURFACE A: FINE SANDY LOAM 133.8 5 131.3 38 BW: SANDY LOAM `� �. \�- C:2.5Y5/3 SANDY LOAI 132.7 18 VERY FIRM CEMENT' C: 2.5Y5/3 GRAVELLY SANDY LOAM 132.0 27 /j j� WITH ANGULAR COBBLE ��`� SEEPAGE O 70" MASSIVE FRIABLE E.S.H.W.T. O 27": MOTTLING 127.7 82 ` 127.9 76 SEEPAGE O 52" I -5 451 /1'11� r f ra � �t��'� �`,�`� �, �:' ��. Er= t � � ,:_ ,�3 � , � � �-� "c'� � r �_'-- r ,�`a f C �, � g Z ���� y��/y/ ^�>����^ � .,, � � !/ : « ?` ®�^ ~ �y�\ /��`//�� � � yz . �< �/-���. � ������ �� 71