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HomeMy WebLinkAboutMiscellaneous - 105 MIDDLESEX STREET 4/30/2018 (5)Ifo Id- 60Q1f -Fvr e-mul1 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 26, 2001 John J. Munro III 105 Middlesex Street North Andover, MA 01845 Dear Mr. Munro: M Telephone (978) 688-9540 Fax(978)688-9542 I have today received your most recent communication of January 14, 2001. Since there has been no additional information since your first letter I can only restate the points what was in my previous letter, which I have attached. In essence that letter stated: 1. The Health Department inspected and found no sewage; therefore no action could be taken. 2. There is no local or state regulation regarding the purported actions of your neighbor, Mr. O'Connor. 3. The Board of Health will not be taking any action regarding your complaint because its validity was not confirmed at the time. 4. If there were effluent in the pumped liquid, it is now gone; there is no evidence of an existing health hazard that resulted from either the sewer line break or any actions of Mr. O'Connor. The Board of Health is concerned with public health. If there is no risk to the public health then the Board of Health has no jurisdiction. 5. If you wish to take action against your neighbor for his alleged actions, you must do it through the court system. I would suggest that you discuss your concerns with your neighbor. When I spoke with Mr. O'Connor he was very open and forthcoming about his actions that evening, and seemed very pleasant. Please note, as I also stated in my previous letter, the Health Department would be happy to respond if you see something being deposited on your property and you believe that it is sewage. We must be called while it is happening so we can observe how and who is doing it, and so we can take a sample to test to see what it is. Until then, I wish you well and hope that you and Mr. O'Connor can work this out. Sincerely, Sandra Starr, RS., C.H.O. Health Director Cc: Mark Rees, Town Manager J. Rand, DPW W. Scott, Director CD&S M. O'Connor BOH File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 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 26, 2001 John J. Munro III 105 Middlesex Street North Andover, MA 01845 Dear Mr. Munro: Telephone (978) 688-9540 Fax (978) 688-9542 I have today received your most recent communication of January 14, 2001. Since there has been no additional information since your first letter I can only restate the points what was in my previous letter, which I have attached. In essence that letter stated: I . The Health Department inspected and found no sewage; therefore no action could be taken. 2. There is no local or state regulation regarding the purported actions of your neighbor, Mr. O'Connor. 3. The Board of Health will not be taking any action regarding your complaint because its validity was not confirmed at the time. 4. If there were effluent in the pumped liquid, it is now gone; there is no evidence of an existing health hazard that resulted from either the sewer line break or any actions of Mr. O'Connor. The Board of Health is concerned with public health. If there is no risk to the public health then the Board of Health has no jurisdiction. 5. If you wish to take action against your neighbor for his alleged actions, you must do it through the court system. I would suggest that you discuss your concerns with your neighbor. When I spoke with Mr. O'Connor he was very open and forthcoming about his actions that evening, and seemed very pleasant. Please note, as I also stated in my previous letter, the Health Department would be happy to respond if you see something being deposited on your property and you believe that it is sewage. We must be called while it is happening so we can observe how and who is doing it, and so we can take a sample to test to see what it is. Until then, I wish you well and hope that you and Mr. O'Connor can work this out. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Cc: Mark Rees, Town Manager J. Rand, DPW W. Scott, Director CD&S M. O'Connor BOH File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 ti 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 16, 2001 John J. Munro, III 105 Middlesex Street No. Andover, MA 01845 Dear Mr. Munro: First, let me explain my previous response to you. Telephone (978) 688-9540 Fax (978) 688-9542 1. If sewage was present in the basement of 29 Milton Street on that date, chances are that it was there because of the break in the sewer line. Any sewer line breaks with resulting backups into homes are the ultimate responsibility of the Department of Public Works. They are obliged to contract with a professional firm to remove the sewage and clean the premises. 2. Your pictures of Mr. O'Connor's back yard do clearly show a garden hose on the ground running generator between the house and the direction of the bushes. 3. Before the Board of Health can take any action on a complaint, the details of that complaint must be verified by staff. As I explained in my previous letter, our inspector did visit the site and saw no sewage; neither did she witness any pumping occurring at that time. 4. In addition I made suggestions as to what action you could take to minimize any risk to health and the environment. In response to your most recent letter I offer the following: • Mr. O'Connor verifies that the garden hose was being used to remove groundwater from his basement — not sewage. • He contends the bushes are on his property. • I was told by Officer Driscoll that the police log shows no calls concerning sewage pumping on December 6, 2000 @ 6:00pm and therefore, no action was taken by police. (Could you have called DPW instead?) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 • A garden hose does not have an opening large enough to pass sewage. There may have been some diluted effluent (liquid part of sewage), but that would have been taken up by the bushes and is long gone. • A sump pump, which Mr. O'Connor states was borrowed from a neighbor and used to pump out the water, does not have the capacity of passing solids of any kind -like those found in sewage. Only a grinder pump can do that. The Health Department cannot order Mr. O'Connor to do anything relative to your property since, as I explained, there has been no verification of sewage being pumped onto your property. Besides, if it were sewage being pumped at that time, it would be DPW's legal responsibility to clean it up because of the break in the line. • Title 5 of the State Environment Code regulates the handling and transportation of sewage, but, again, there is no verification that the liquid was sewage eluent. In addition, the Code does not address situations like yours; it pertains to septage haulers. • Finally, if any neighbor interferes with the use and enjoyment of private property then the property owner may have grounds for legal action. Your own attorney can advise you on whether your situation constitutes a private nuisance. In conclusion, although the Board of Health cannot help you with your legal problem we can offer assistance if you perceive again that sewage is being deposited on your property. Please call us at 978-688-9540 as soon as you witness another such incident so that we can take samples for testing. If you have any further questions about this correspondence, please call me. Sincerely, Sandra Starr, R.S., C.H.O. Health Director cc: Mark Rees, Town Manager J. Rand, DPW W. Scott, Director CD&S M. O'Connor File 14 January 2001 Ms. Sandra Starr, R.S., C.H.O. Health Director Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Dear Mis. Starr, I am once again writing regarding my complaint that sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property as was chronicled in my letters of December 3, 10 and 17. I am very disappointed with your lack of response to my very simple questions. For six weeks, I have been trying to find out if the pumping of sewage from one residence onto the property of another resident is in violation of any Town or State regulations. You appear to be either unable or unwilling to answer this request. I also ask what action the town plans to take about this despicable event. I am forwarding copies of this communication to the Director of Community Development and Services, the Town Manager, members of the Board of Health and members of the Board of Selectmen in the hope that one of these individuals will assure that an inquiry from a citizen of this community will be answered. I look forward to your earliest reply. Sincerely, TOWN `fy BOARD OF HEALTH loll f J. Munro III 10 Middlesex Street Tel: 978.687.8091 Fax: 978.687.1971 Andover, Massachusetts 01845 e-mail: munro e,mdc.net xc: Mr. William Scott, Director of Community Development and Services Mr. Mark H. Rees, Town Manager Mr. James Rand, Department of Public Works Board of Health F? Board of Selectmen AN 2 2 2001 CION, ;k QATH4pOE�OrM�,SION r Town of North Andover Office of the Director Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 ff"dliant J. Scott Division Director December 12, 2000 Mr. John Munro III 105 Middlesex Street North Andover, MA 01845 Dear Mr. Munro: Telephone (978) 688-9531 Fax (978)688-9542 Your letters addressed to the Department of Health and the Office of the Building Inspector dated December 3, 2000 and received in this office December 5, 2000 were referred to those departments. The Building Commissioner, D. Robert Nicetta, instructed his local inspector to investigate the zoning violation complaint on December 5, 2000. Mr. Nicetta will respond to you in writing with his findings. The Health Director, Sandra Starr, confirmed with the Public Works Department on December 5, 2000 that a sewer line broke on Milton Street. Mrs. Starr conducted an investigation and will respond to you in writing with her findings. Sincerely, William J. Scott Q% Director Cc: Mark H. Rees, Town Manager, w/Encis. j Z D. Robert Nicetta w/Encis. Sandra Starr w/Encis. &--' BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 10 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, RECEIVED DEC 12 2000 Community Development and Services One week ago, on 3 December 2000, I wrote to you to file a formal complaint. I reported that on 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. A copy of my letter is attached. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appealed to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. To date, I have not received a reply to this complaint, nor has any action been taken to remove this sewage from my property. In my opinion, this continues to be a health hazard. I implore you to take the appropriate action. I look forward to your earliest reply. Sincerely, J n J. Munro III Tel: 978.687.8091 5 Middlesex Street Fax: 978.687.1971 North Andover, Massachusetts 01845 e-mail: mururo@iiidc.net xc: Mr. William Scott, Director of Community Services Mr. Mark H. Rees, Town Manager 3 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, I wish to file a formal complaint. Last evening, 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. I called Mr. O'Connor to complain about this. Although people were seen to be present in the house, no one answered the telephone. Consequently, I left a message complaining about this on the answering unit. After approximately 30 minutes, the sewage continued to be pumped. I called the North Andover Police Department to make a complaint. The individual who answered the telephone said that he knew of the problem at 29 Milton Street and that the Department of Public Works had been there. I informed him of my complaint about sewage being pumped by onto my property. He said he would send someone to look into it. The Police Department never contacted me about the results of their action, and, after another 30 minutes, the sewage was still being pumped. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appeal to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. I look forward to your earliest reply. Sincerely, T5Jhn J. Munro III Tel: Middlesex Street Fax: North Andover, Massachusetts 01845 e-mail l..,rj M i p w�+ �AAA,.Ak"Z- t- L 5c rr 6,w At -,Y D� ✓rcty uc 978.687.8091 978.687.1971 munro@mdc.net { 10 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, One week ago, on 3 December 2000, I wrote to you to file a formal complaint. I reported that on 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. A copy of my letter is attached. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appealed to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. To date, I have not received a reply to this complaint, nor has any action been taken to remove this sewage from my property. In my opinion, this continues to be a health hazard. I implore you to take the appropriate action. I look forward to your earliest reply. Sincerely, ,rr 2 J J n J. Munro III Tel: 978.687.8091 5 Middlesex Street Fax: 978.687.1971 North Andover, Massachusetts 01845 e-mail: munro radc.net xc: Mr. William Scott, Director of Community Services Mr. Mark H. Rees, Town Manager 3 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, I wish to file a formal complaint. Last evening, 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. I called Mr. O'Connor to complain about this. Although people were seen to be present in the house, no one answered the telephone. Consequently, I left a message complaining about this on the answering unit. After approximately 30 minutes, the sewage continued to be pumped. I called the North Andover Police Department to make a complaint. The individual who answered the telephone said that he knew of the problem at 29 Milton Street and that the Department of Public Works had been there. I informed him of my complaint about sewage being pumped by onto my property. He said he would send someone to look into it. The Police Department never contacted me about the results of their action, and, after another 30 minutes, the sewage was still being pumped. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appeal to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. I look forward to your earliest reply. Sincerely, lJhnMJJMunro . III Tel: iddlesex Street Fax: North Andover, Massachusetts 01845 e-mail Cp. M vwti MANA4FR 6,u SCJ: 6m-1•" - �r JKCP MC^ i 978.687.8091 978.687.1971 munro@mdc.net r 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 December 8, 2000 John J. Munro, III 105 Middlesex Street North Andover, MA 01845 Re: Complaint of December 5, 2000 Dear Mr. Munro: Telephone (978) 688-9540 Fax (978) 688-9542 The Health Department received your complaint and immediately followed up with a call to the Department of Public Works to ask if there was a break in the sewer line. We were told that a crew was then at work repairing the break. An inspector from this department inspected the site on two separate occasions to determine whether sewage was being pumped onto your property. Neither pumping nor surface sewage were observed. In addition, the DPW was notified that you had complained of sewage on your property. Since the break was in the sewer line it is DPW's responsibility to clean it up. They followed established procedures and had a professional company clean the area. If there is still sewage on your property, please call the DPW at 978- 685-0950 and explain your situation to them. I am sure that they will respond and you can show them the area that was affected. Also, in the interim, an application of lime to the area will be effective in lessening any potential negative health hazards. As far as your complaint that the resident at 29 Milton Street was pumping sewage onto your property: had Health Department staff observed any action of this sort by anyone, then that person would have been asked to cease pumping and instead contract with a licensed sewage pumper to remove the septage. As I understand, one resident actually did have a backup of sewage in to the basement, but it was not at 29 Milton Street. I hope this answers any questions you may have. If you have further concerns after speaking with DPW, feel free to contact me 978-688-9540. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NFURSE 688-9543 PL NI NNG 688-9535 Sincerely, Sandra Starr, R.S., C.H.O. Health Director Cc: Mark Rees, Town Manager James Rand, DPW W. Scott, CD&S Director File 0. 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 December 8, 2000 John J. Munro, III 105 Middlesex Street North Andover, MA 01845 Re: Complaint of December 5, 2000 Dear Mr. Munro: Telephone (978) 688-9540 Fax (978) 688-9542 The Health Department received your complaint and immediately followed up with a call to the Department of Public Works to ask if there was a break in the sewer line. We were told that a crew was then at work repairing the break. An inspector from this department inspected the site on two separate occasions to determine whether sewage was being pumped onto your property. Neither pumping nor surface sewage were observed. In addition, the DPW was notified that you had complained of sewage on your property. Since the break was in the sewer line it is DPW's responsibility to clean it up. They followed established procedures and had a professional company clean the area. If there is still sewage on your property, please call the DPW at 978- 685-0950 and explain your situation to them. I am sure that they will respond and you can show them the area that was affected. Also, in the interim, an application of lime to the area will be effective in lessening any potential negative health hazards. As far as your complaint that the resident at 29 Milton Street was pumping sewage onto your property: had Health Department staff observed any action of this sort by anyone, then that person would have been asked to cease pumping and instead contract with a licensed sewage pumper to remove the septage. As I understand, one resident actually did have a backup of sewage in to the basement, but it was not at 29 Milton Street. I hope this answers any questions you may have. If you have further concerns after speaking with DPW, feel free to contact me 978-688-9540. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 Sincerely, Sandra Starr, R.S., C.H.O. Health Director Cc: Mark Rees, Town Manager James Rand, DPW W. Scott, CD&S Director File 3 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, I wish to file a formal complaint. Last evening, 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. I called Mr. O'Connor to complain about this. Although people were seen to be present in the house, no one answered the telephone. Consequently, I left a message complaining about this on the answering unit. After approximately 30 minutes, the sewage continued to be pumped. I called the North Andover Police Department to make a complaint. The individual who answered the telephone said that he knew of the problem at 29 Milton Street and that the Department of Public Works had been there. I informed him of my complaint about sewage being pumped by onto my property. He said he would send someone to look into it. The Police Department never contacted me about the results of their action, and, after another 30 minutes, the sewage was still being pumped. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appeal to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. I look forward to your earliest reply. Sincerely, oh J. Munro III 10 Middlesex Street orth Andover, Massachusetts Tel: 978.687.8091 Fax: 978.687.1971 01845 e-mail: munro@mdc.net DEC 2 1 17 December 2000 Ms. Sandra Starr, R.S., C.H.O. Health Director Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Dear Ms. Starr, Thank you for your letter of 8 December 2000 regarding my complaint that sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. Unfortunately, based upon your response, there seems to be some misunderstanding. My complaint was in no way directed toward the Department of Public Works and in no way reflected on any work they may have done to repair any sewer line. As indicated in my original letter, my complaint was that sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. I trust that there is no dispute that this action occurred. As indicated in my original letter, in the evening of 2 December at approximately 6:00 pm, I called the Police Department to make this complaint. The individual who answered the telephone told me that they knew of a sewage problem at the residence of Mr. O'Connor, and that they would send someone to investigate. Although the Police Department never contacted me about the results of their action, I trust that they must have some record of the telephone call and their subsequent action. When I spoke with Mr. O'Connor about this the next morning, he told me that this was no problem and would only make my grass greener! The morning after this despicable event took place, I made the photographs that are enclosed. I trust that you can see the hose running from the bulkhead of the house at 29 Milton Street, across their yard and through the hedges, with the output directed into my yard. I trust that you can also see the residue of the sewage which still remained the following morning. I reiterate that it is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I have previously appealed to the Health Department to take action to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. Your response did not address these questions or this request, but made some references to completely unrelated work performed by the DPW, which is not an issue to me. Once again, I ask you if the pumping of sewage from one residence onto the property of another resident is in violation of any Town or State regulations. If so, I once again ask what action the town plans to take. I look forward to your earliest reply. Sincerely, Joh J. Munro III Tel: 978.687.8091 ,101 Middlesex Street Fax: 978.687.1971 orth Andover, Massachusetts 01845 e-mail: munro@mdc.net xc: Mr. William Scott, Director of Community Development and Services Mr. Mark H. Rees, Town Manager Mr. James Rand, Department of Public Works NO. 29 141L TON STREET S k,f,C'( PLAN OF LAND s-e4b"v-c-JL IN NORTH ANDOVER, MASS. MIDDLESEX SURVEY INC. LAND SURVEYORS 131 PARK STREET NORTH READING, MA. 01864 SCALE- f'°= 30' DA TE.- JUNE 9, 2000 MAP 31 PARCEL 33 N/F THOMAS & MARILYN LICCIARDELLO NO. 99 MIDDLESEX ST. IRON ROD FOUND 0.28' OVER IRON ROD SET �, MAP 31 PARCEL 34 N/F JOHN & GAIL MUNRO NO. 105 MIDDLESEX ST. N CD0 N ' N22'10'20"W g9.68' . WI 9,005±sf 26.26' N I � 100.00' IRON PIPE FOUND S19'36'16"E 0.88' BACK FROM STREET MILTON STREET -,N OF MgSSq�yG ALPHONSE I CERTIFY THAT THE EXISTING DWELLING. IS HAD. LEY LOCA TED AS SHOWN. NO. 31312 0 DATE:' 6/9/00FSS l sTER�° Regi eyed L nd6rveyor �wqL LPAD c3 Hose running from basement of 29 Milton St. through back yard and through the hedge at property boundary onto the rear yard of 105 Middlesex Street ���� „� �e . � > > - n�+�,. ,rte � _ T �• �^ .. s . .. .a0. a -Oa l'Ai •C�n .- .. 1 - �'QiL � . � a �_ . mow. •.o �y� 7 •, �R� .i{A,,.jf�' ` ��<.,, +,i '"gyp ` .�..r.0 `` I r � �i� r._ � � �-' fi �fI•�• _� •ii��.. ��1 JO �i3pop�r` J O CL = o Oce o •N rn •a Q U 5 a� U NO i a -