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PUBLIC HEALTH DEPARTMENT
Community Development Division
MEMORANDUM
To: Mark Rees, Town Manager
From: Susan Sawyer, Public Health Dir.
Cc: Curt Bellavance, Community Dev. Director
Date: March 29, 2010
Re: Chris Adams, owner of 1591 Osgood Street
Mark,
This memo is in regards to the conference call held on Monday, March 22, 2010. The outcome of
the conversation between you, Curt Bellavance, Chris Adams and me concluded with the
following tasks to be completed.
1) Determine the appeal process which a person utilizes when they are unsatisfied with the
Board of Health's decision relating to the MA Department of Environmental Protection's
(DEP) Subsurface Disposal Regulations 310 CMR 15.000.
2) Contact Stewart's Septic Service and request records they may have as Mr. Adams stated
that they have monitored the well in the past.
In regards to #2 above, Stewart's was contacted on March 23rd and March 24u'and they have not
responded to the request for data to date. In regards to#11 spoke with a representative at DEP,
Claire Golden, and determined the following avenues are available.
1) Legal action- 310 CMR 15. 421 says the next appeal would be in superior court "Any
person aggrieved by any order, variance , issuance of denial of a ... issued by a local
Approving Authority may appeal to any court of competent jurisdiction"
2) Title V Inspection- Considering the owner's claim that the determinations made by the
BOH were flawed back in 1998, and the owners belief that the system is in compliance
with state law, it appears to DEP and the Health Department that the best way would be
to have a Title V inspection be conducted. This would be done at the owner's expense to
determine its current condition rather than strictly use the monitoring well results. The
Health Department can order a Title V inspection be conducted in accordance with the
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
d'
Xawn a. J'&&Nbon
Administrative Assistant
Town Manager's Office
120 Main Street
North Andover, MA 01845
Telephone-(978) 688-9512
Fax-(978) 688-9556
E Mail-krobertsongtownofnorthandover.com
From: administrator@townofnorthandover.com [mailto:administrator@townofnorthandover.com]
Sent: Thursday, March 18, 2010 8:35 AM
To: Robertson, Karen
Subject: Message from 35C-4
2
s o��
V
DelleChiaie, Pamela
O
From: Sawyer; Susan
Sent: Friday, March 19, 2010 9:48 AM
To: 'tat.boh@comcast.net'
Cc: DelleChiaie, Pamela
Subject: RE: Chris Adams
I just wanted you to know he was back. I don't expect any problems with the phone call. Curt and I met with his realtor a
few months ago and laid it all out for him as well. He seemed to be clear. I think Chris may want support from Mark
support to get sewer to his area, or acknowledgement by the BOH that sewer is coming so we should be lenient.
Just a guess.
Pam can you tell Tom what the date of the board meeting was that Chris Came to.And pull the file for me so I have it
ready for Monday.
Thanks.
S
From: tat.boh@comcast.net [mailto:tat.boh@comcast.net]
Sent: Thursday, March 18, 2010 3:49 PM
To: Sawyer, Susan
Subject: Re: Chris Adams
There is no substantial request in this letter.
I'm willing to bet he has done nothing since that meeting where we issued a decision. Can you tell me
the date when we had him on the agenda and I will review the notes? (I notice he is suffering through
his economic downturn in Florida.)
----- Original Message -----
From: "Susan Sawyer" <ssawyer@townofnorthandover.com>
To: "tat.boh@comcast.net" <tat.bo h @com cast.net>
Sent: Thursday, March 18, 2010 10:22:34 AM GMT -05:00 US/Canada Eastern
Subject: FW: Chris Adams
This issue never seems to end. I will enlighten Mark as to the BOH's last meeting with Mr.Adams prior to the phone
conversation.The board was very clear and to rehash this ever 6 months is very time consuming.
Thx
Susan
From: Robertson, Karen
Sent: Thursday, March 18, 2010 9:02 AM
To: Bellavance, Curt; Sawyer, Susan
Subject: Chris Adams
This is to confirm a conference call with Chris Adams on Monday, March 22, at 9:00 a.m.
in the Town Manager's Office. Attached is a letter from. Chris regarding this matter.
1
Xa wn a. 31dwitaon
Administrative Assistant
Town Manager's Office
120 Main Street
North Andover, MA 01845
Telephone-(978)688-9512
Fax-(978) 688-9556
E Mail-krobertson@townofnorthandover.com
From: administrator@townofnorthandover.com [mailto:administrator@townofnorthandover.com]
Sent: Thursday, March 18, 2010 8:35 AM
To: Robertson, Karen
Subject: Message from 35C-4
2
Jun-17-99 10: 10A Paul D_ Turbide, PE/PLS 508-465-0313 P_02
June 17, 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 grease trap, 1591 Osgood Street
Dear Sandra,
Enclosed find the Checklist for North Andover Septic System Plans" for the above-
mentioned site. The following is a list of problem areas and deficiencies we have
found. (Note that this report is based only on the following sheets that were sent to us:
Sheets 4, 6, 7, 8, 9, 10, 12 and 13.)
1. 310 CMR 15.230(2)states that: "Grease traps shall be installed on a separate
building sewer serving kitchen flows into which the grease will be discharged." It
appears from the information given in the design that there is only one building
sewer that presently exists, and that there is only one septic tank that presently exists
r into which this building sewer empties. If this is true, then the proposed design will
have sewage as well as kitchen flows going into the grease trap. It appears that 310
CMR 15.230(1)will require replumbing inside the building to separate the kitchen
flows from other flows such as sewage so that there will be a building sewer for
kitchen flows and a building sewer for sewage, The building sewer for kitchen
flows will flow into the grease trap,which will then flow to the septic tank. The
building sewer for sewage will flow directly to the septic tank_
2. The required capacity of the grease trap is unknown based on the submitted design.
310 CMR 15.203(3)states that in sizing a grease trap,kitchen flow is determined by
multiplying the number of seats of the restaurant by 15 gallons per day(with a
minimum required capacity of 1000 gallons). Also,the design capacity of the
proposed grease trap is vague, being referred to in the design as either I000 gallon
or 1500 gallon. In my opinion the required capacity of the trap should not be
determined by the installer,but rather should be determined by the designer.
3. 310 CMR 15.230 (5) states that the inlet tee shall extend to the mid depth of the
tank. It appears from the section view on sheet 7 that the depth of flow will be 4
feet. Therefore,the inlet tee must extend 27 inches below the invert, rather than the
13 inches shown in the design.
POUT 4. 310 CMR 15.230(5)also states that the outlet tee shall extend to within 12 inches
INGINF[HING of the bottom of the tank. Therefore the outlet tee must extend 36 inches below the
invert rather than the 14 inches shown in the design.
5. On sheet 8, Grease Trap Note 6 states that: "Tees and/or baffles shall be
Civil Engineers& furnished..." 310 CMR 15.230(5)states that: "Tees shall be cast-iron or Schedule
Land Surveyors 40 PVC...". Thus baffles are not allowed.
One.Harris Street 6. There should be a note paraphrasing 310 CMR 15.351 (2)_ "Grease traps shall be
Newburyport,MA inspected monthly and shall be cleaned by a licensed septage hauler whenever the
01950
(978)465-8594 level of grease is 25%of the effective depth of the trap, or at least every three
months, whichever is sooner".
Jun-17-99 10: 10A Paul D. Turbide, PE/PLS 508-465-0313 P_03
T There is no topo or spot elevations to show the contour of the land nor is there a
section showing the relative relation of the elevations of the foundation,grease trap,
septic tank and proposed grading. Thus it is not possible to determine if there is
enough or too much cover over the proposed grease trap.
8. The depth of estimated seasonal high water is not given and therefore it is not
known whether there is a buoyancy problem when the grease trap is pumped.
9. I do not know what General Note 10 on page 13 means: "Construction methods
shall be the responsibility of the contractor".
If you have any questions or comments please feel free to contact me.
Sincerely
7
Carlton A. Brown, PE/PLS
osgood159l.doc
law(3 10 CMR 15.3 01 (9)) or it could be determined that it is more prudent to leave it up
to the owner in this case.
It is also important to note that a "change in the type of establishment" use does require that a
Title V Inspection be conducted, (3 10 CMR 15.301(5)) therefore to be in full compliance with
the regulation the Health Department actually should require a Title V inspection for any change
in the type of establishment, not only for a change to food.
Possible resulting actions:
a. I have spoken to Dr. Trowbridge,the BOH Chairman, about the use of a Title V
inspection as a means to determine the systems current function. If a passing Title
V Inspection is submitted,the board would look favorable on the action and likely
consider repealing the order.
b. If a failing Title V inspection is submitted,the owner will have to bring the
system into compliance within 2 years in accordance with the state regulation.
Please note that the Title V inspection must be conducted by a Septic Inspector currently
licensed in MA and North Andover. This list can be found on the Health Department website.
http://www.townofnorthandover.com/Pages/NAndoverNIA_Health/permitsandregs. Per
allowance of the Title V Inspection criteria,the Health Department will request to be present for
the entire Title V inspection.
Please contact me if you would like to discuss this memo further or if you would like me to take
additional action in this matter.
Thank you.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
1 1'
FNA SSANCE
i
200 Park Street
North Reading,MA 01864
978-276-1000 x103 Jim Demetri
Fax 978-824-3883 Real Estate Broker
jimdemetri@comcast.net Cell:978-407-1895
i
• Town of North Andover
` •. OFFICE OF 3?0•`" �o0
COMMUNITY DEVELOPMENT AND SERVICES ° :' p
146 Main Street
North Andover Massachusetts 01845
WILLIAM J. SCOTT 9SSACHUS�t
Director
April 11, 1997
Ms. Dolores Royale
21 Lincoln Street
North Andover, MA 01845
Dear Ms. Royale:
Thank you for taking time to meet with me on April 7th to explain your desire to
locate your Actors' Showcase business at 1591 Osgood Street, North Andover.
This letter is to confirm our April 10th conversation regarding the requirements
that must be met in order to obtain a Building Permit or Certificate of Occupancy
for said location.
1. Due to change in use, a Title 5 Inspection of the septic system must be
performed. Copies of correspondence from the Health Administrator are
enclosed for your review.
2. Section 8.2(2)(c)(i)(ii) - Waiver of Site Plan Review states:
"When in the opinion of the Planning Board, the alteration or
reconstruction of an existing structure or new use or change
in use will not have a significant impact both within the site and
in relation to adjacent properties and streets; on pedestrian and
vehicular traffic; public services and infrastructure; environmental, unique
and historic resources; abutting properties; and community needs, the
Planniing Board may determine, without a public hearing, that
submission of a site plan review application is not required.
The applicant must request a waiver from Site Plan Review in
writing and may be required to submit supporting documentation that
Site Plan Review is not required. The waiver request will be discussed
at a regular session of the Planning Board". Copy enclosed for your
review.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
i k .
April 11, 1997
The Plumbing Inspector has agreed to the use of the existing rest room
with the occupancy load of students limited to ten (10) and this amount would be
inserted on the Certificate of Occupancy. More than 10 persons would then
involve another rest room, both handicapped.
All the above would depend on the Title 5 Inspection required by the
Health Administrator.
Please call if I may be of any further assistance.
Yours truly,
D. Robert Nicetta,
Building Commissioner
N/g
Enclosure(s)
c: Wm. Scott, Director CD & S
Sandra Starr, Health Administrator
Christopher Adams, Trustee
x
+ j
Page 7
Minutes.- April 24, 1997
Approval of Minutes - 3/27/97:
On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board vote
unanimously to approve the minutes of 3/27/97 as written. d
Proposed Septic Regulations - Set Hearing Bate
0113
Ms. Starr wanted to know if the Board Members had any
chan e
lati
MacMillan stated that he read them and had no changes. Mr. Osgood had a few
1 that he mentioned to Ms. Starr. �'G
Mr. Osgood suggested advertising the public hearing for the septic regulations on
and May 2 and schedule a hearingfor May 22
y 1997.
# Devin Stack - Berry Street
Update:
Ms.
Ms. Starr updated the Board Members on what recently transpired. Ms. Starr spoke Y r
Mr. Brunette and informed him of the septic loan program t
p In and she made him aware d
the department is concerned about the well in the house. Ms. Starr stated
_ Brunette is anxious to meet with everyone and to resolve this problem. Ms. Starr staled a
that the lawyer sent a letter to Bob Halpin. Ms. Starr stated that she spoke with Ph1
Christiansen and Mr. Brunette, the neighbor, is willing r P
g� � g .o meet with the Board of
{ and attempt to set up a meeting.
i
1591 Osgood 'Street- Update-
Ms. Starr briefed the Board Members on what is happening with Chris Adams. Ms. Ste;
stated that she has told 'nim on several occasions that if there is a change of use the sep ��`
system needs to be inspected. Mr. Osgood stated that he told him that a Chineseg
Restaurant would not ao because of the amount of grease generated from Chinese footle*�
Mr. Osgood also told him that this could have been done months ago and he didn't.
The Board Members agreed that Mr. Adam's septic system located at 1591 Osclad ,
Street needs to be inspected before the premises may be occupied. g
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Chris Adams mailbox:/C%7C/NETSCAPE/maiVfNBOX?id=Pine...52.11417A-100000@world.std.com&number-649
Subject: Chris Adams
Date: Mon, 5 May 1997 21:35:14 -0400 (EDT)
From: Gayton Osgood <gayton@world.std.com>
To: John D Starr<jstarr@world.std.com>
Sandy,
Chris Adams called me this evening and he now admits that he has a failed
system. He says that he can't afford to fix it unless he rents his space.
He wants to know how many "years" he has before he has to repair the
system. Dreamer! !
I told him that he has to have the system inspected before we will know
what has to be done. He wants to rent his space and then he will have the
system inspected and after that he will decide when he will fix it.
This guy will not quit.
Gayton
_ . 05/06/97 09:10.`
Town of North Andover *aft?"
0MCE OF
MUNITY DEVELOPMENT AND SERVICES
COM � •
146 Main Street
North Andover,Massachusetts 01845 '��s'"•o•
stcuu5
WILLIAM J.SCOTT
Director
MEMORANDUM
TO: Janet Eaton, Assistant Town Clerk
FROM: Susan Ford, Health Inspector
RE: Sarah's Hawaiian Ice
DATE: May 7, 1997
The Board of Health can not support the renewal of Sarah's Hawaiian Ice due to the
following reasons: it
1. No food permit has ever been issued to this establishment due to incomplete
application and lack of follow-up by the applicant.
2. The condition of the subsurface disposal system which services the establishments at
1591/1593 Osgood Street is currently in question.
3. The Board of Health is awaiting response by the applicant to determine the status of
#2 by the completion of a Title V inspection. Until such time no additional uses of the
property will be approved by this department.
If you have any questions, please do not hesitate to call me. Thanks.
SF/cjp
BOARD OF APPEALS 688-9541 BUILDING 68&9545 CONSERVATION 698-9530 HEALTH 688-9540 PLANNING 68"535
v.
Page
Minutes Ma _12). i
e came in with no problem. Ms. Starr corrected Attorney Spinelli by
Sarah's Hawaiian Ic
stating that before they allowed I ravins to move in they were ordered to pump monthly,
which was not done. In addition; Sarah's Hawaiian Ice was never issued an operating
permit by the Board of Health. If they operated there, it was done illegally.
Dr. MacMillan asked, "what is the problem, why can't you just get the system
inspected"?
_ ed that the Board of Health applies all rules and regulations to everyone -
W. Osgood state
no exceptions. Attorney Spinelli stated that rules are allowed to make exceptions and
Mr. Adams has been a longtime resident and is a good taxpaver. Mr. Osgood stated that
- just because lAir. Adams pays taxes does not mean that we need to be nice and make
exceptions. Dr. MacMillan stated that the Board works with a lot of people that pay their
taxes-the main concern here is our responsibility to protect the public health.
Mr. Adams stated that his septic system has no smell, and no bacI: up. Mir. Osgood stated
-that if your system is so good., why are VOLE afraid of an inspection of your septic system?
Dr. MacMillan stated that it is ludicrous not to inspect a,system that is )0 _years old. Dr.
°MacMillan recommended that the Board require the system to be inspected.
Dr.Rizza requested to abstain because of a conflict of interest.
On a motion by Dr. MacMillan.. seconded by Mr. Osgood. the Board voted ordered
Mr.Adams to inspect his septic system at 1-91 Osgood Street within one. month. Dr.
Rizza abstained,
i
VABL NCE RE,QUEST- 362 KERRY STREET- BEN OSGOOD JR
Mr.Osgood stepped dowry as Chairman to avoid an appearance of a conflict of
interest. Dr. )MacMillan chaired this portion of the meeting.
.Ben Osgood, ,ir.; Engineer, was present and came before the Board to request a
ariance to the distance to wetlands from 100 feet to 50 feet.
'Ben Osgood, Jr. mentioned that he needs perc tests but at this point he is asking for a
a6ance and then aet perc tests. Ilii. Osgood stated that he went before the Conservation
i
mmission and the Commission is going to issue an Order of Conditions. Mir. Osgood
Hated that 100 feet is Board o-1 Health regulation.
a motion by Dr. Rizza. seconded by Dr. MacMilian, the Board voted
_$nimously to grant the variance to wetlands from 100 feet to 501 feet.
3�,"4
\
Sn
Page 8 `Page
,.
Minutes: June 26, 1.9971:Minut
On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted
unanimously to grant a Massage Establishment License contingent upon Ms. Sta 00 VARI
inspection and receipt of all necessary criteria.
' Les Gc
CHRIS ADAMS, 1591 OSGOOD STREET: the Bo
Continued from above.
Mr. Osgood stated that the system failed inspection and the Board of Health needs a 71 �All
design and soil tests. Mr. Osgood instructed Mr. Adams to go and get it designed and gel}
it started- that is all we ask. Mr. Adams asked the Board Members if they would F
consider giving him two years. Ms. Starr told Mr. Adams to find a professional engineei��� Mr. Go
hire him set up time and do soil testing. Mr. Adams asked, "what are you saying?"-tho? above.
Board of Health won't give me two years. Mr. Osgood responded, "yes". Dr. Maclv11feet fro:
stated that there would be no occupancy without a functioning system. Ms. Stan many rc,
suggested that the motion state a specific amount of time Mr. Adams has to do this.,
ri Fk
,R. Mr. Go(
Mr. Osgood stated that the Board told Mr. Adams what to do - to get a Title V inspection 1 = reduce i
and he did not do what he was told. Dr. MacMillan stated that the Board of Health needs separate
I to see progress and that the Board is open to work with him but we need to see definite °line to r:
time periods. Mr. Adams pleaded to the Board - "work with me". The Board Members re not
reiterated to Mr. Adams - "You can not rent with a failed system". Dr. MacMillan told ,° Board a:
Mr. Adams that he has to be responsible. Mr. Adams responded, "I am responsible"
Godin rE
i that it w
i' Mr. Osgood and Dr. MacMillan stated that the system has to be fixed period! Mr.
Osgood stated that he is through with this issue and the Board needs to move onto the Starr sta
next agenda item. alternate
"is that
{{ Dr. Rizza returned to the meeting. ``that this
i not have
VARIANCE REQUEST - LES GODIN - 706 FOSTER STREET: if the Bc
responde
Les Godin, Engineer, Merrimack Engineering was present and requested to come before
the Board for the following variances: On a me
unanim(
1) Local upgrade approval waiver to CMR 14.405(d) for a 25% reduction ID'
i SEPTIC
required leaching area. -'
2) Waiver to the Town of North Andover Regulation 4.18 for a 52 foot Ms. Starr
setback from leaching area to wetland. Member:
if they ch
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted On that r
unanimously to grant the two variances as stated above.
Page 2
Minutes: July 23, 1998
815 .JOHNSON STREET - WENDY DIOTALEVI:
Ms. Wendy Diotalevi was present from Raggs, Inc. requesting a variance to groundwater
for the repair of the septic system at 815 Johnson Street from the required four feet to
!a, D.M.D., three feet.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted
unanimously to grant the variance to groundwater from 4 feet to 3 feet.
Ben 1591 OSGOOD STREET - CHRIS ADAMS:
e septic
Because of a conflict of interest, Dr. MacMillan removed himself from this agenda
item.
absorption
Mr. Adams' Lawyer, Attorney Rossi, was present and spoke on behalf of Chris Adams.
1 In addition to Chris Adam's lawyer his engineer was also present. Thomas E. Phalen, Jr..
in system P.E. Mr. Phahen spoke of his background and stated that the system qualifies to meet
Title V. Mr. Phalen stated that his client is unable to rent unless the Board of Health gives
him permission to proceed. Mr. Osgood stated that he initially ordered Mr. Adams to give
the Board of Health a report of the Title V inspection. Mr. Osgood stated that the Board
has been asking him for the past two years. Mr. Osgood stated that the problem here is
that there is a restaurant on septic. Mr. Osgood stated that Jimmy's is the only restaurant
in North Andover on septic. Mr. Osgood questioned Mr. Phalen about the groundwater.
Mr. Phelan disagreed with Mr. Osgood and stated that there is no groundwater and that
he was unable to find the water-table. Mr. Phelan stated that it was thegrease trap causing
the problem. Mr. Osgood stated that he recommends putting a pipe in the ground and
and to 3 monitoring the watertable. Mr. Osgood stated that this pipe to monitor the ground water
j is not complicated to put in. Mr. Adam's engineer and lawyer agreed to monitoring the
groundwater.
porch.
'
p On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to do the following; 1) monitoring well for one year, 2) make sure the grease trap
meets Title V, and 3) from now on and in the future do not rent to another
restaurant. Dr. MacMillan abstained from voting.
WESTSIDE SEWER:
Mr. Osgood stated that DEP has taken over the problem of the Westside Sewer and they
have a consent order on the Town and someone wants to put a couple of houses on sewer
and DPW has gone to DEP. Mr. Osgood stated that the only problem is that at one time
the Board of Health took a vote that nothing would go on to that sewer until a temporary
RE:Glenwood Sewer mailbox:/C%7C/NETSCAPE/mail/INBOX?i...18@homel.ne.mediaone.net&number=401
Subject: RE: Glenwood Sewer
Date: Wed, 29 Jul 1998 21:28:10 -0400
From: "Gayton Osgood" <gayton@world.std.com>
To: "Sandy Starr" <jstarr@world.std.com>
Sandy,
We voted at our meeting to allow Chris Adams to use his system for an
additional business (not food related) provided he did two things, one,
install a grease trap in accordance with Title V for Jimmy's and two,
install monitoring wells in accordance with the guidelines in Title V in
order to observe the ground water. Technically we do not have to give him a
permit for the additional business until these things are done. I think you
should tell him to submit plans for the grease trap and monitoring wells
before we do anything.
I am glad that you talked to Dave Ferris because I think that they are going
to stay on top of the Glenwood Street situation and it is better that they
deny permits than to have us involved in the process. My impression is that
at least as far as sewer and septic go that DEP has their act together.
I am getting a lot of heat because of our decision on the Wheelabrator issue
but I guess that is to be expected. Given all of the evidence that was
presented I don't see how we could have come to any other decision. People
for the Environment seems to think that we should live in a zero risk world
but I am afraid that is not possible.
Gayton
1 of 1 7/29/98 ]0•
Town of North Andover HORTM
OFFICE OF 3?0�'"" 6,�ooL
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
WILLIAM J. SCOTT North Andover, Massachusetts 01845 �9ssAc►+us���y
Director
(978)688-9531 Fax(978)688-9542
November 23, 1998
Mr. Chris Adams
S.P.E.C. Realty Trust
3212 8`h Street
Charlestown, MA02129
Re: 1591 Osgood Street
Dear Mr. Adams:
The Board of Health has reviewed and approved your engineer's plan for a monitoring
well to be installed at 1591 Osgood Street. Staff from the Health Department should be
contacted pr Lor to installation to approve the location of the well on the site. Inspections
must be made by the Board of Health staff during the installation and arrangements are to
be made concerning the observation of the groundwater by both your representative and
the Health Staff.
Please remember that the Board of Health is also requiring the installation of a Title 5
approved grease trap on the existing septic system.
If you have any questions or want to set up an appointment,please call the Health
Department at (978) 688-9540.
Sincerely,
'Sandra Starr, R.S.
Health Administrator
cc: William Scott, Direct, P&CD
Board of Health
Thomas Phelen
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TOWN OF NORTH AN001.;L,"s ..
BOARD OF HEATH
A 19 M9
Memormdum -
To: Sandra Starr, Health Agent
From: James Diozzi, Plumbing Inspector
Date: January 15, 1999
Re: 1591 Osgood Street, Jimmy's Plaza
This memo is in regards to your request concerning the grease trap at 1591
Osgood Street. In response to a BOH request many months ago , I did go to the
above property. In speaking with the owner of Jimmy's personally as well as a
representative of the'property owner by phone, I informed them both that the
grease trap presently existing under the ware washing sink was adequate for
kitchens.that are hooked into a municipal sewer according to the MA State
Plumbing,Code. However, I did not state that it meets the criteria of Title V. This
establishment is on a private septic system and therefore the jurisdiction in this
case lies with the Board of Health.
If youhave any additional questions please contact me.
1
wo
Town of North Andover Ot NORTIy ,
OFFICE OF 3? y'• e c BOOL
COMMUNITY DEVELOPMENT AND SERVICES ° . p
27 Charles Street ".o
North Andover, Massachusetts 01845
WILLIAM J. SCOTT SSACHUSE
Director
(978)688-9531 Fax (978)688-9542
March 12, 1999
S.P.E.C. Realty Trust
Christopher Adams
1591 Osgood Street
North Andover, MA 01845
Dear Mr. Adams:
The Board of Health has reviewed the letter from your representative, Mr. Thomas
Phalen, concerning the installation of the grease trap at 1591 Osgood Street. The letter was
discussed at the recent meeting and the following was voted by the Board:
1. The vote of the Board of Health taken on July 23, 1998 concerning the installation of
monitoring wells and the Title 5 approved grease trap stands as voted. (See attached.)
2. The Department of Environmental Protection has been contacted about the installation of
grease traps on septic systems with restaurants and concurs with the Board that a Title 5
approved grease trap is appropriate for any restaurant on a septic system.
3. The Board also determined that a plan for the grease trap is required to be submitted for
review by the Board of Health before any work is done.
4. If any setbacks cannot be achieved as determined from the plan review, then the Board
will entertain requests for that type of technical variance. There is no question of a
variance being granted from the need to install the grease trap.
Please be aware that a grease trap is required as part of a Title 5 system when a restaurant
is being served. (See enclosed regulation.) Also enclosed are copies of memos to and from the
Plumbing Inspector which were previously sent to you. The Board of Health looks forward to
receiving your engineer's proposed plan for the grease trap and hopes that the installation will be
completed soon. Feel free to call the Health Office should you have any questions about what is
necessary.
Sincerely,
Sandra Starr, R.S.
Health Administrator
Cc: W. Scott, Dir. CD&S
DEP
T. Phalen, Jr.
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Memorandum
To: Heidi Griffin,Town Planner
CC: file
From: Susan Ford,Health Inspector
Date: 11/15/00
Re: 1591 Osgood Street
This correspondence is in regards to the application to the Planning Board, dated
Nov. 3, 2000, for site development at 1591 Osgood Street. Upon review of the
application,the Health Department has the following comments in relation to the
existing septic system servicing Jimmy's pizza.
1) There is no issue with the locations of the proposed buildings. As shown on the
plan these buildings pose no risk to the integrity of the septic system.
2) However,there can be no additional flow to this septic system. The Health
Department has no issue with the proposed structures as long as no new
plumbing connections are necessary to provide water or sanitary facilities to any
of these buildings. Additional flow would require an upgrade of this septic
system.
Please contact me if you have any questions regarding these comments.
1
µORTip
*. Of�S4`p I6q�0
O
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.GY V'
��SSACHUS
PUBLIC HEALTH DEPARTMENT
Community Development Division
Chris Adams
S.P.E. C. Realty Trust
35 Webster Street
Apt 302
Boston, MA 02128
Re: 1591 Osgood Street
North Andover, MA 01845
December 19, 2006
Dear Mr. Adams,
This memo is in regards to the consideration of locating a food business, Treadwell's Ice Cream,
in the vacant unit at 1591 Osgood Street. As you are aware the Health Department has had issue
with the septic system servicing this building in the past and at a meeting held on Friday,
December 15, 2006 we met to begin to review the concerns. As a result of that meeting I have
fully reviewed the file once again and discussed the issue with additional professionals.
The following are the findings of the research.
1) The septic system services 1 food service business.
2) After discussion at a regularly scheduled Board of Health meeting, which included
Thomas Phalen Jr. P.E. and Attorney Rossi, both representing Mr. Adams' interests, the
Board of Health voted on July 23, 1998 that among other things at 1591 Osgood Street,
"from now on and in the future do not rent to another restaurant"
3) The term"restaurant" in this context is any food establishment
4) An email, in the Health file, to Sandy Starr, Health Director, from the BOH Chairman
Gayton Osgood, dated July 29, 1998 stated the following, "We voted at our meeting to
allow Chris Adams to use his system for an additional business(not food related)
provided he did two things, install a grease trap in accordance with Title V for Jimmy's
and two, install monitoring wells in accordance with the guidelines in Title V in order to
observe the ground water."
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
' After reviewing all the relevant and available information, this office must inform you that an
application to operate a food establishment, other than the existing Jimmy's, would be denied for
the above reasons. In addition, please note that there is more than sufficient information of past
soil tests, file documentation and data from neighboring properties to assume that this system
could not pass a Title V inspection as well, therefore, this office is not inclined to make such a
request, as we often would normally do.
This correspondence should make the position of the Health Department clear. As there has not
been a formal application, this letter is not a formal denial, rather it is a heads up to assist you
and any possible future applicants that may be considering moving into or renovating your site as
a food establishment. Conversely, there are other uses that could be located here without the
need of a required Title V inspection. The Community Development office will assist you in any
possible with any other applicants that may wish to locate within your building.
Thank y u, )
' ��..
S san Sawyer, REHS/R
Public Health Director
Cc: Jerry Roberts, Treadwell's Ice Cream
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
Sawyer, Susan
From: DelleChiaie, Pamela
Sent: Friday, March 19, 2010 3:26 PM
To: Thomas Trowbridge (tat.boh@comcast.net)
Cc: Sawyer, Susan
Subject: BOH Meeting -September 18, 2008-re: 1591 Osgood Street-Jimmy's/Chris Adams
Hi Tom,
The last BOH meeting addressing the septic issues at 1591 Osgood Street were on 9/18/08. Mr. Adams never
submitted any of the requested information post meeting. Just a reminder that you have a meeting with Susan
and Mr. Adams on Monday, 3/22 at 9:00 a.m. at the Town Manager's office.
Here is the excerpt from the minutes:
C. 1591 Oseood Street - Request of Chris Adams, owner of property to discuss removal of use restrictions for this
commercial property(Jimmy's Pizza Building)
!Chris Adams,trustee of 1591 Osgood Street,Nominee Trust spoke on his own behalf. He brought a letter to
;present to the Board of Health members,which was distributed at the meeting. Mr.Adam read from a portion of
the letter to begin stating his position regarding his request.
Mr.Adams requested a removal of a restriction. Mr.Adams described, in depth,conditions at the site over the
past many years. He noted that there was a Kravens Bakery at the site many years back. Without Town sewage,
there is a problem. He is under the impression that by the year 2010 there will be sewer on this street per Lincoln
Daley,the previous Town Planner.
Recently,Mr.Adams had an operator of a very fine pastry/bakery, interested in the site,but cannot rent to a food
establishment until the restriction is removed. Due to zoning changes,there was a change of use in the buildings,
and he could not rent to an actors workshop which was also interested.
Mr.Adams spent$24,000 on a new grease trap,and other work at this site. He closed the miniature golf area
seven years ago. Then,health problems prevented anything from happening. On July 23, 1998,he was
represented by Attorneys Rossi and Phalen. The Board of Health took several actions. It was ordered that a
monitoring well be installed,a grease trap,and restrict the space to particular usage.
In regards to the monitoring well,Ms. Sawyer asked about the lack of monitoring well reports over the last 10
years. These reports are used to determine the water table. The highs and lows are then reported by the engineer.
Mr.Adams stated that Mr.Phalen confirmed that the sand on the property is good filtering sand. Ms. Sawyer
noted that recently,two businesses adjoining this site had septic systems put in,and there is a high ground water,
table.
Mr. Fixler asked Mr. Adams why he was not aware of the Board of Health order. There was an attorney and an
engineer representing him. Mr.Fixler asked if Mr.Adams understood why there were restrictions placed on this
property..
Mr.Adams again gave additional details from his point of view over the last 10 years. It was determined that
there was no grease trap on the site by the Board of Health. There were a number of negotiations. Mr. Adams did_
not have the money, and the septic system is located under the miniature golf. Rather than to order a sewer tie-in
1998,there were restrictions put into place for the septic system. The system is now 10 years older. Comments
were read from pumping records. There is a 1500 gallon tank, and it was noted that 2,000 gallons were pumped
had been pumped which indicates runback from the system. Four pumpings in a year is considered an automatic
failure per Title 5. The system as it is, is hanging by a thread.
Dr. Trowbridge stated to Mr.Adams that Mr.Adams was given instruction 10 years ago on what to do. Mr.
Adams stated that he was under the impression that he put a whole new system in at the time of the grease trap
1
installation. The miniature golf course is above the leaching field. Ms. Sawyer stated that he could have replaced
the system and had two tenants. Mr.Adams is looking forward to new town sewage. It has cost him over
$116,000. There is nothing to document that definitely in 1.5 years there will be Town sewage available. There
is no formal statement to the Board of Health documenting this..
The question was posed as to whether the Board of Health can lift the restriction and add additional users to the
system. The system would most likely fail Title 5 at this point, especially with greater capacity. The items that
were mandated to be done in 1998 have not been completed as requested.
Dr. Trowbridge is looking for documentation of monitoring wells and some up to date proof that this is
reasonable. Mr.Adams referred again to the former bakery, and is sure that they added a tank.
Dr.MacMillan stated that there is simply no data to overturn the decision and consider the request. There is some
hearsay,and things that were stated to be done,and were not done. There needs to be time to produce some data.
The Board of Health does not wish to increase the burden on Mr.Adams,but there is no documentation to review
and make a proper decision.
Motion
Dr.MacMillan made a motion to take no action until Mr.Adams can produce data that the Health
Department requires. Ms.Brennan seconded the motion. All were in favor.
Beat ne"U,�4,
Dawe& V e&Pe
"We can never see the path of our life if we are too busy focusing on the pebbles under our feet."--Anonymous
Health Department Assistant
TOWN OF NORTH ANDOVER
Health Department
1600 Osgood Street
Building 20;Suite 2-36
North Andover,MA 01845
978.688.9540-Phone
978.688.8476-Fax
pdellechiaie@townofnorthandover.com-E-mail
http://www.townofnorthandover.com/Pages/index-Website
Notes:
If copied to BOH Members-Reference Copy Only-no response requested at this time
2
Septic System Information
1591 OSGOOD STREET
Printed On: Thursday,September 11,
System ID: BHS-2006-0003
General System Information Latest Permit Information
Calcaluted Design Flow: Test Pits Septic Tank Disposal Trench
Design Flow: One Two Capacity: Number:
Design Flow Provided: Minutes per inch: Width: Width:
Total Flow: Depth: Length: Length:
Seasonal: No No Depth to Water: Diameter: Leaching:
Grinder: No No Soil Type: Depth:
Laundry: No No
Hauling/Pumping Listing Quantity
Tvpe System Type Pumped Pumped By Transferred To Disposed At Date Pumoe huallons
Routine Septic Tank Andover Septic 20 So.Mill Street, Bradford 07/13/2001 2000
Comments: None
Routine Septic Tank Andover Septic 20 So. Mill Street, Bradford 11/21/2001 2000
Comments: None
Routine Septic Tank Andover Septic 20 So. Mill Street,Bradford 04/03/2002 2000
Comments: None
Routine Septic Tank Andover Septic 20 So. Mill Street, Bradford 08/16/2002 2000
Comments: None
Routine Septic Tank Andover Septic 20 So. Mill Street, Bradford 01/10/2003 2000
Comments: None
Routine Septic Tank Andover Septic 20 So.Mill Street, Bradford 07/02/2003 2000
Comments: None
Routine Septic Tank Andover Septic 20 So.Mill Street, Bradford 02/26/2004 2000
Comments: None
Routine Septic Tank Andover Septic 20 So. Mill Street,Bradford 09/21/2005 3000
Comments: riding high
Routine Septic Tank Andover Septic 20 So.Mill Street, Bradford 02/10/2006 2000
Comments: Riding High&Leachfield runback
Routine Septic Tank Andover Septic 20 So. Mill Street,Bradford 02/21/2007 2000
Comments: riding high
Routine Septic Tank Andover Septic 20 So. Mill Street, Bradford 04/07/2007 2,000
Comments: Flooded
Routine Septic Tank Andover Septic 20 So. Mill Street, Bradford 07/27/2007 2000
Comments: Flooded, leechfield runback&full to cover
GeoTMS®2008 Des Lauriers Municipal Solutions, Inc. Page 1 of 2
North Andover Board of Health
MEETING AGENDA
THURSDAY, September 1.8, 2008
7:00 p.m.
North Andover Town Hall
Selectmen's Meeting Room, 2nd Floor
120 Main Street
North Andover, MA 01845
I. CALL TO ORDER
II. PUBLIC HEARINGS(7:15 p.m.)
A. Outdoor Wood Burning Furnaces/Boilers—Modifications to regulations—Section 5F and Penalty
Section.
III. APPROVAL OF MINUTES
A. Meeting Minutes from June 26,2008 to be presented for signature
B. Meeting Minutes from July 24,2008 to be presented for signature
IV. OLD BUSINESS
A. TBI Updates from Dr.Trowbridge
V. NEW BUSINESS
A. 99 Marian Drive-request of Ben Osgood,New England Engineering for Local Health Bylaw
Variance Request:
i. Allow the use of an impervious barrier and boulder retaining wall for slope reduction in
lieu of a poured concrete wall. (NA 9.02).(Note:Plan approval pending granting of this variance).
A. 461 Summer Street—request of Greg Saab of ESS Engineering:
i. Local Upgrade Approval request in accordance with 15.102(2)for one deep hole in the
primary soil absorption system.
ii. Local Bylaw Variance request-due to cost of a poured concrete retaining wall,a
proposal is being made for an interlocking block wall.(NA9.02)
C. 1503 Osgood Street - Request of Chris Adams, owner of property to discuss removal of use
restrictions for this commercial property(Jimmy's Pizza Building)
VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Rental Housing Proposal—Status Report
B. Possible Town Meeting Articles from the Board of Health
VII CORRESPONDENCE/NEWSLETTERS
A. Distribution of MASSDEP Emergency Notification Magnets to BOH members.
VIII. ADJOURNMENT
September 18,2008 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 1
Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are
not listed on the agenda.
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member, Joseph McCarthy,
Member,Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele
Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant
CsainyAam raw 6%ee, 9C. .
Jefferson Office Parts
800 Turnpike Stmt,Suite 305•North Andover,MA 01845
Kenneth A.Cossingham Wand N4 Telephone:(978)685-5686
Scott A.Lawn w and NNI Fax:(978)794.0985
Thomas C. LaPorte Mk M8*M CN E-mail:cosslaw@tiise.net
December 4,2000
VIA HAND DELWERY
Town of North AndoverCD
�-
Attn: Licensing Board v 0-4-4.
120 Main Street �`"-, _4: �cn
North Andover,MA 01845 s z►C,):*
� or�c�nG
RE: Jimmy's Famous Pizza
N � �
Dear Sir/Madam: v
Cr
Please be advised that Jimmy's Famous Pizza located at 1591 Osgood Street is in the final
stages of being sold by Dimitrios Pougarides. His buyer is Emmanuel Papadakis. We request
that you take this fact in account regarding the renewal of the establishment's license.
If I can answer any questions,please do not hesitate to call.
Very truly yours,
COSSINGHAM LAW OFFICE,PC
Scott A.Lakin,Esquire
SAL1sgf
C AWplsaAj i mmysu 2-4l CQ
OFFICE OF
LICENSING COMMISSIONERS
NORTH ANDOVER, MASSACHUSETTS
MEMORANDUM
To: Building Inspector
Board of Health
Fire Department
Finance Director
Police Department
From: Jae . Eaton,
As taut Town Clerk
Date: May 2, 1997
Subject: License Renewal
The Licensing Commissioners are in the process of reviewing the renewal
of the seasonal license for Sarah's Hawaiian Ice, 1593 Osgood Street. Please
review the premises for compliance with the requirements of your department
and submit your recommendations to the Town Clerk's Office by May 9, 1997.
Thank you for your cooperation in this matter.
attachment
i
i
1591 OSGOOD STREET G �� �� �,Z 034.0-0004
Complaint Detail Report
Printed On:Fri Jan 20,2006
Complaint#: - CT-2006-000015]Status: In discovery GIS#: 1599 -- Violator:-
wORt+r Address: 1591 OSGOOD STREET Map: 034.0 Address:
:;•''�+� Date Recvd.: Jan-20-2006 ITime Recvd.: 03:26 PM Block: 0004 ,
Category: Food - _ Lot: — Type_
! = a GeoTMS Module: Board of Health District: Trade:
'rte , (Recorded By: Pamela DelleChiaie Zoning: Structure:
s+c►+usE`�
- - - — - - - -
Description _
�COmplaint: Received a call from Melinda Bellanci,who works at PMA in North Andover. She and her co-workers placed a large order to Jimmy's Famous Pizza of subs,
sandwiches,pizza,salads,etc. There was a hair in the cheeseburger. When they called to find out about getting a refund,or replacement,the person who answered
the phone stated that all the workers there are bald,and there is no way the hair is from them,and other workers were heard laughing in the background. Caller did
not like the response,and would like the establishment to be confronted about it.--pfd.
[Comments:� --- ---- ----- -
Callers
Date Time Name Phone Best Time To Reach Recorded By Response
Jan-20-2006 3:26 PM Melinda Bellanci (978)557-8825 Q Pamela DelleChiaie
Actions Taken
GeoTMS Module Status Date Time Response Type Action Taken Comments
Board of Health REFERRAL Jan-20-2006 3:30 PM Follow-Up by Health *NEW* Caller was told that Health Inspector will be
Inspector given copy of this report,and will follow-up
with establishment to be sure that proper
practices are being followed.--pfd.
GeoTMS®2006 Des Lauriers Municipal Solutions, Inc. Page 1 of 1
Town of North Andover f NORT►,
OFFICE OF ��o�' to I6 6
COMMUNITY DEVELOPMENT AND SERVICES 6
27 Charles Street = °,
North Andover,Massachusetts 01845 -TS CH
WILLIAM J.SCOTT
Director
(978)688-9531 Fax(978)688-9542
March 12, 1999
S.P.E.C. Realty Trust
Christopher Adams
1591 Osgood Street
North Andover,MA 01845
Dear Mr. Adams:
The Board of Health has reviewed the letter from your representative, Mr.Thomas
Phalen, concerning the installation of the grease trap at 1591 Osgood Street. The letter was
discussed at the recent meeting and the following was voted by the Board:
1. The vote of the Board of Health taken on July 23, 1998 concerning the installation of
monitoring wells and the Title 5 approved grease trap stands as voted. (See attached.)
2. The Department of Environmental Protection has been contacted about the installation of
grease traps on septic systems with restaurants and concurs with the Board that a Title 5
approved grease trap is appropriate for any restaurant on a septic system.
3. The Board also determined that a plan for the grease trap is required to be submitted for
review by the Board of Health before any work is done.
4. If any setbacks cannot be achieved as determined from the plan review,then the Board
will entertain requests for that type of technical variance. There is no question of a
variance being granted from the need to install the grease trap.
Please be aware that a grease trap is required as part of a Title 5 system when a restaurant
is being served. (See enclosed regulation.) Also enclosed are copies of memos to and from the
Plumbing Inspector which were previously sent to you. The Board of Health looks forward to
receiving your engineer's proposed plan for the grease trap and hopes that the installation will be
completed soon. Feel free to call the Health Office should you have any questions about what is
necessary.
Sincerely,
Sandra Starr,R.S.
Health Administrator
Cc: W. Scott,Dir. CD&S
DEP
T. Phalen,Jr.
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Page 2
Minutes: July 23, 1998
815 JOHNSON STREET - WENDY DIOTALEVI:
Ms. Wendy Diotalevi was present from Raggs, Inc. requesting a variance to groundwater
for the repair of the septic system at 815 Johnson Street from the required four feet to
three feet.
On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted
unanimously to grant the variance to groundwater from 4 feet to 3 feet.
1591 OSGOOD STREET - CHRIS ADAMS:
Because of a conflict of interest, Dr. MacMillan removed himself from this agenda
item.
Mr. Adams' Lawyer, Attorney Rossi, was present and spoke on behalf of Chris Adams.
In addition to Chris Adam's lawyer his engineer was also present, Thomas E. Phalen, Jr.,
P.E. Mr. Phahen spoke of his background and stated that the system qualifies to meet
Title V. Mr. Phalen stated that his client is unable to rent unless the Board of Health gives
him permission to proceed. Mr. Osgood stated that he initially ordered Mr. Adams to give
the Board of Health a report of the Title V inspection. Mr. Osgood stated that the Board
has been asking him for the past two years. Mr. Osgood stated that the problem here is
that there is a restaurant on septic. Mr. Osgood stated that Jimmy's is the only restaurant
in North Andover on septic. Mr. Osgood questioned Mr. Phalen about the groundwater.
Mr. Phelan disagreed with Mr. Osgood and stated that there is no groundwater and that
he was unable to find the watertable. Mr. Phelan stated that it was the grease trap causing
the problem. Mr. Osgood stated that he recommends putting a pipe in the ground and
monitoring the watertable. Mr. Osgood stated that this pipe to monitor the ground water
is not complicated to put in. Mr. Adam's engineer and lawyer agreed to monitoring the
groundwater.
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to do the following; 1) monitoring well for one year, 2) make sure the grease trap
meets Title V, and 3) from now on and in the future do not rent to another
restaurant. Dr. MacMillan abstained from voting.
WESTSIDE SEWER:
Mr. Osgood stated that DEP has taken over the problem of the Westside Sewer and they
have a consent order on the Town and someone wants to put a couple of houses on sewer
and DPW has gone to DEP. Mr. Osgood stated that the only problem is that at one time
the Board of Health took a vote that nothing would go on to that sewer until a temporary
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.228: continued
(4) Septic tanks shall be inspected and maintained in accordance with 310 CMR 15.300 and
applicable local requirements.
r 15.229: Pumoine to Scotic Tanks
(1) System designs specifying pumping of sewage to a septic tank may be approved by the
local approving authority for a single family dwelling discharging a volume of sewage less
than 25% of the design flow of the system, provided the pump discharge pipe is connected
to the building sewer and:
(a) in the case where the sewage ejector pump is a non-grinder pump, the discharge
flow rate shall be fewer than 60 gallons per minute at the design total dynamic head
(TDH) and capable of passing a two-inch diameter solid, and the septic tank shall have
a minimum effective volume of 1,000 gallons; or
(b) in the case where the sewage ejector pump is a grinder pump, the discharge flow
rate shall be less than 20 gallons per minute at the design TDH, and the septic tank has
a minimum effective volume of 1,500 gallons.
(2) It is not recommended to pump greater than 25% of the design flow of the system to
a septic tank; however, when necessary system designs specifying pumping of sewage to a
septic tank may be approved by the local approving authority for a single family dwelling
discharging a volume of sewage greater than 259a of the design flow of the system,provided
the pump discharge pipe is connected to the building sewer and:
(a) the requirements of 310 CMR 15.229(1)(a) or 15.229(1)(b) are met;
(b) the pump discharges to a multi-compartment septic tank designed in accordance with
310 CMR 15.224; and
(c) standby power, a hookup for standby power or storage capacity equal to at least the
volume of the design flow for one day is provided.
Non-grinder pumps are the preferred alternative.
(3) All other uses of sewage pumps prior to the septic tank without the prior written
approval of the Department are prohibited.
15.2?0: Pretreatment Units - Grease Trat)s
(1) Grease traps shall be provided for kitchen flows at restaurants, nursing homes, schools,
hospitals and other facilities from which quantities of grease can be expected to be
discharged.
(2) Grease traps shall be installed on a separate building sewer serving kitchen flows into
which the grease will be discharged. The discharge from the grease trap must flow to a
properly designed septic tank or to a building sewer prior to the septic tank.
(3) Grease traps shall have a minimum depth of four feet and a minimum capacity of 1,000
gallons, and shall have sufficient capacity to provide at least a 24-hour detention period for
the kitchen flow. Kitchen flow shall be calculated in accordance with 310 CMR 15.203.
(4) Grease traps shall be watertight and constructed of the materials specified in 310 CMR
15.221 and 15.226(1) and (2).
(5) The inlet tce shall extend to the mid depth of the tank. The outlet tce shall extend to
within 12 inches of the bottom of the tank. Tees shall be cast-iron or Schedule 40 PVC and
properly supported by a hanger, strap or other device.
(6) Grease traps shall be installed on a level stable base that has been mechanically
compacted and onto which 6 inches of crushed stone has been placed to minimize uneven
settling.
(7) Grease traps shall be provided with a minimum 20-inch diameter manhole frame and
cover to grade over the inlet and outlet tees.
3/24/95 (Effective 3/31/95) 310 CMR - 521
s i
310 C,Iv1R: DEPARTMEN7 OF ENVIRON'NIEN7AL PROTECTION
15.230: continued
(8) Grease traps shall be accessible for inspection and maintenance. No structures shall be
constructed directly upon or above the grease trap access locations.
(9) The invert elevation of the inlet of a grease trap shall be at least two inches above the
invert elevation of the outlet. The inlet and outlet shall be located at the center line of the
tank, and at least 12 inches above the maximum groundwater elevation.
(10) Backfill around the grease trap shall be placed in such a manner as to prevent damage
to the tank.
(11) Grease traps shall be maintained in accordance with 310 CMR 15.351.
(12) Grease removal by other devices located within the building as part of the internal
plumbing are not within the jurisdiction of 310 CMR 15.000 and shall not be considered for
compliance with 310 CMR 15.230 except with the prior written approval of the Department.
15.231: Dosing Chambers and Pumps
(1) A dosing chamber shall be required for any system designed for intermittent discharge
of septic tank or recirculating sand filter effluent, or in conjunction with pressure dosing
pursuant to 310 CMR 1th
5.254(2) for any system with a design flow of greater an 2,000 gpd,
or where multiple soil absorption systems are proposed.
(2) All dosing chambers shall have an emergency storage capacity above the working level
equal to the daily design flow of the system, and shall be couipped with sensors and alarms
to protect against high water due to failure of the pump or pump controls. The volume below
the working level shall include an allowance for the volume of all drainage which may flow
back to the chamber when pumping has ceased.
i
(3) The volume of the dosing chamber between pump operating Ievels shall be adequate to
assure the entire soil absorption system is dosed each cycle in accordance with the required
numb-- of cycles per day.
(4) Construction and materials of dosing chambers shall be in accordant.- with 310 CMR
15.1'71 and 15.226.
(5) All dosing chambers shall be equipped with one 20-inch manhole with a readily
removable watertight cover of durable material. The access cover shall be located within six
inches of final grade.
(6) Every dosing chamber, except for systems serving two dwelling units or less, shall be
equipped with two pumps the discharge lines of which shall be valved to allow dosing of the
entire soil absorption system by either pump.
(7) Pumps shall be capable of passing a minimum solid size of 1'/a inch diameter and shall
be installed in accordance with the manufacturers specifications.
(8) Pumps shall operate in the following sequence:
(a) pumps off
(b) primary (lead) pump on
(c) backup (lag) pump on and alarm on
(d) pumps must alternate.
(9) All pumps must be equipped with an alarm located in the building served which is
powered by a circuit separate from the circuit to the pumps.
3/24/95 (Effective 3/31/95) 310 CMR - 522
INTERNAL MEMORANDUM
DATE: January 11, 1999
TO: Jim Diozzi,Plumbing Inspector
FROM: Sandy Starr,Health Ad
r 's r
RE: 1591 Osgood Street, Jimmy's Pizza
My Board chairman, Gayton Osgood, has informed me that the owner of 1591 Osgood Street,
Chris Adams,told him that you approved the grease trap at Jimmy's Pizza and said that a new one is not
required. Would you please respond to this statement in writing so that we may determine an appropriate
action.
lJ�
i �W
Page 2
Minutes: July 23, 1998
�
l �
R
815 JOHNSON STREET - WENDY DIOTALEVI: rt*
Ms. Wendy Diotalevi was present from Raggs, Inc. requesting a variance to groundwater
for the repair of the septic system at 815 Johnson Street from the required four feet to
three feet. E
On a motion b Dr. Rizza seconded b Dr. MacMillan the Bo 4
y y and voted �
unanimously to grant the variance to groundwater from 4 feet to 3 feet. •R
1591 OSGOOD STREET - CHRIS ADAMS:
Because of a conflict of interest, Dr. MacMillan removed himself from this agenda
item. a
Mr. Adams Lawyer, Attorney Rossi, was present and spoke on behalf of Chris Adams.
In addition to Chris Adam's lawyer his engineer was also present, Thomas E. Phalen, Jr.,
P.E. Mr. Phahen spoke of his background and stated that the system qualifies to meet
Title V. Mr. Phalen stated that his client is unable to rent unless the Board of Health gives
him permission to proceed. Mr. Osgood stated that he initially ordered Mr. Adams to give
the Board of Health a report of the Title V inspection. Mr. Osgood stated that the Board
_ j has been asking him for the past two years. Mr. Osgood stated that the problem here is
-, that there is a restaurant on septic. Mr. Osgood stated that Jimmy's is the only restaurant
in North Andover on septic. Mr. Osgood questioned Mr. Phalen about the groundwater. f '
Mr. Phelan disagreed with Mr. Osgood and stated that there is no groundwater and that rR
he was unable to find the watertable. Mr. Phelan stated that it was the grease trap causing
the problem. Mr. Osgood stated that he recommends putting a pipe in the ground and
monitoring the watertable. Mr. Osgood stated that this pipe to monitor the ground water
is not complicated to put in. Mr. Adam's engineer and lawyer agreed to monitoring the
groundwater. ,
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously
to do the following; 1) monitoring well for one year, 2) make sure the grease trap
meets Title V, and 3 from now on and in the future do not rent to another
restaurant. Dr. MacMillan abstained from voting.
r' WESTSIDE SEWER:
i
Mr. Osgood stated that DEP has taken over the problem of the Westside Sewer and they
haveput a couple of houses on sewer
a consent order on the Town and someone wants top p
and DPW has gone to DEP. Mr. Osgood stated that the only problem is that at one time
the Board of Health took a vote that nothing would go on to that sewer until a temporary
a
� a
Town of North Andover Ot NORTIy ,
OFFICE OF O? g`tt�ap /e,6 00�
COMMUNITY DEVELOPMENT AND SERVICES .
146 Main Street
North Andover,Massachusetts 01845
WILLIAM J.SCOTT 9SSACNus�t
Director
MEMORANDUM
TO: Janet Eaton, Assistant Town Clerk
FROM: Susan Ford, Health Inspector
RE: Sarah's Hawaiian Ice
DATE: May 7, 1997
The Board of Health can not support the renewal of Sarah's Hawaiian Ice due to the
following reasons: it
1. No food permit has ever been issued to this establishment due to incomplete
application and lack of follow-up by the applicant.
2. The condition of the subsurface disposal system which services the establishments at
1591/1593 Osgood Street is currently in question.
3. The Board of Health is awaiting response by the applicant to determine the status of
#2 by the completion of a Title V inspection. Until such time no additional uses of the
property will be approved by this department.
If you have any questions, please do not hesitate to call me. Thanks.
SF/cjp
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
la�� C( o
OFFICE OF
LICENSING COMMISSIONERS
NORTH ANDOVER, MASSACHUSETTS
MEMORANDUM
To: Building Inspector
Board of Health
Fire Department
Finance Director
Police Department
From: Jae . Eaton,
As tant Town Clerk
Date: May 2, 1997
Subject: License Renewal
The Licensing Commissioners are in the process of reviewing the renewal
of the seasonal license for Sarah's Hawaiian Ice, 1593 Osgood Street. Please
review the premises for compliance with the requirements of your department
and submit your recommendations to the Town Clerk's Office by May 9, 1997.
Thank you for your cooperation in this matter.
attachment
,1oarM O
KAREN H.P.NELSON; Town 0t 1 120 Main Street, 01845
Director : ' NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Chris Adams
Proposed: "Ice Cream Stand"
Location: 1591 Osgood Street (Golfland site)
Zone: I-S
Allowed Use: By "SPECIAL PERMIT"
1. Automobile Service and Filling Station
2 . A Diner
3 . A Restaurant
4 . A Retail Store
5. No other retail stores of any kind.
Issues for this type of Retail Business:
1. Zoning Board for Special Permit
2 . Parking (Retail Store and Service Establishments)
required 6 spaces per 1, 000 s. f. of G.F.A.
3 . Health Dept. approvals of Septic design and interior
finishes of building.
4 . Plans for Building Dept. approval. These same plans
are also needed for the issuance of the Common
Victualler's license prior to construction of the
business.
ienclosed by a fence of five (5) feet or more in height.
17 . Bus garage.
18 . Automobile service station (limited to one in each 2000
linear feet of street or highway as measured along
centerline) .
19 . Car wash.
20 . Automobile or other motor vehicle repair, provided all
activities are within an enclosed building.
21. Veterinary hospitals and kennels, provided all activities
are with an enclosed building.
22 . Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory
use shall not be injurious, noxious, or offensive to the
neighborhood.
23 . Day Care Center by Special Permit (1985/23) .
4. 134 Industrial 3 District
1. Public buildings.
2 . Public garages and accessory buildings.
3 . Public service corporations.
4 . Public sanitary disposal site.
5. Public storage of equipment.
6. All uses permitted in the Industrial 1 District.
7 . Day Care Center by Special Permit (1985/23) .
4. 135 Industrial "S" District
1. Research and development facilities.
2 . Business, professional and other offices.
3 . Place of worship.
4 . Non-profit school or private school for profit.
5. Public building or use and public service corporation.
6. Printing and reproduction.
4.26
I
II
. I
7 . Light manufacturing, including manufacturing, fabrication,
processing, finishing, assembly, packing, or treatment of
articles or merchandise, other commercial non-retail
activity, provided such uses are conducted solely within a
building and further provided that such uses are not
offensive, noxious, detrimental, or dangerous to surrounding
areas or the town by reason of dust, smoke, fumes, odor,
noise, vibration, light or other adverse environmental
effect.
8 . Premises of a bank, post office, telephone exchange or
telephone business office, local bus passenger station, or
business office buildings. By Special Permit, an
automobile service and filling station, a diner, a
restaurant, a retail food store, but no other retail stores
of any kind.
9. Warehousing and wholesaling.
10 . Lumber or other building materials storage or sales,
fuel
storage, or contractor' s yard, provided all outdoor uses are
enclosed by a fence of five (5) feet or more in height.
11. Bus garage.
12 . Any accessory use customarily incident to any of the above
permitted uses, provided that such use shall not be
injurious, noxious, or offensive to the neighborhood.
13 . a. Farming of field crops and row crops, truck gardens,
orchard, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping
a total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
lot, and for
household pets of a family living on such )
to five (5) acres, the
each additional acre of lot size
keeping of one (1) additional animal or bird; but not
the keeping of any animals or birds or pets of persons
not resident on such lot.
C. On any lot of at least f ive (5) acres, the keeping of
any number of animals or birds regardless of ownership
and the operation of equestrian riding academies,
stables , stud farms , dairy farms , and poultry
batteries.
d. The sale of products raised as a result of the above
uses on the subject land.
14 . Day Care Center by Special Permit (1985/23)
4.27
TABLE 1
SUMMARY OF USE REGULATIONS �>
Residential Comm_ erciaL Induntrial
Permitted Use Res Res Vill Res Res Bus Bus Bus Bus Vill Gen Ind Ind Ind Ind
1,2 4 Res 5 6 1 2 3 4 ' Comm Bus 1 2 3 S
i 3
%griculLural Use* Yes Yes Yes Yes Yea
Yee Yea Yea Yes No Yea Yee Yea Yea Yes
Art Gallery No No No No SP Yes Yes Yes Yes Yes Yes Yes Yes Yea No
Auto Service Station* No No No No No • •
No Yes Yes No No Yes' No Yes• No SP Auto i Vehicle Repair,
+� Body Shop No No No No No No No No No No Yes No Yes No No
;1
Bus Garage No No No No No No No No No No Yes No Yes No Yes
business i Other Offices No No No No Yes No• Yes Yes Yes Yes Yes Yes Yes Yes Yes
:jr Hash No No No No No No No No No Yes Yes No Yes No No
Cemetery Yes Yes Yes Yes Yes No
No No No No No No No No No
Congregate housing No SP No No No No
No No No No No No No No No
Continuing Caro
Retirement Center Yes, No No No No No No No No No No No No No No
Bating_c-Drinking
Establishment, No No No No* SP* No• • • •
Funeral Parlor Yes Yea No Yea Yea No* No No SP
No No No No SP No Yes Yes No Yes Yes No No No No
Golf Course Yes Yes Yes Yes Yes No No No No No No Yes Yes Yes Yes
Guest house No Yes Yes Yes Yes No No No No No No No No No No
:ndependent
Elderly Rousing Yes No No No No No No No No No No No No No No
indoor Place of
Amusement or Assembly No No No No No No Yes Yes No Yes Yes No No No No
indoor Ice Skating
Facilities No No No No No No No No No No No SP No SP No
i
j
Lumber, Fuel Storage
or Contractor's Yard No No No No No No No No No No Yes No Yes No Yes
manufacturing* No No No No No No No No No No No Yes Yee Yea Yes
medical Center* No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes No
Motel or Uotel No No No SP No No No
No Yes* No No No No No No
y .Muiti-family
Cweilinga & Apts. No No Yes"Yes Yes* Yes SP No No No No No No No No
Municipal Receratlon Areas Yes Yes Yes No Yes No No No No No No No No No No
New Car Sales' No No No No No No No Yes No No Yes No No No No
i
tioaprofit School Yes Yes Yes Yes Yes , Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
NurGlnq G Convalescent
comes' SP SP SP SP SP No No No Yes No No No No No No
{ :ne-famil Dwelling g Yee Yea Yes Yes Yes Yes No No No No No No No No No
rCrsonal Services
Wstablishment No No No No* SP' Yes Yes Yes No• Yes Yes No* No' No* No*
glace of Worship Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
i
d
3
i
TBI. 1
TABLE 1
; •,. SUMMARY OF USE REGULATIONS
Residential
Commercial Industrial permitted Ues Res Res Vill Res Res Bus Bus Bus Bus Vill Gen Ind Ind Ind Ind
n; 1.2 4 Rea 5 6 1 2 3 4 Comm Bus 1 2 3 S
3
' Printing t Reproduction Na
No No No
SP* No Yea Yea Yes Yes Yen Yen Yes Yea Yea
Private School for Profit
professioaal.Offices• SPSPSP SP SP No Yea Yea Yea Yea Yes lea Yes Yea Yea
No*
No*
No* Yes* Yes* Yes Yes Yes Yes Yes Yes Yes Yes Yea Yea
public Building or Use SP SP SP SP SP Yea Yes Yes Yes Tea Yes Yes Yea Yea Yes
' public Garages L
Accessory Buildings No No No No No No
No No No No No No No
public Service Corporation No No No No SP No No No No do No No No Yes No
Yee No
puSlic Sanitary
Qisposal Site No No
' public Storage No No No No No No No No No No No Yes No
of Equipment
No No No No No No No No No No No No No Yee No
ecreation Area SP SP
Research i Development SP SP SP SP SP SP SP SP SP SP SP SP No
Facilities No No No No No No No
Retail Establishment Yes Nes Yea Yee Yee Yee len Yee
No No No No- SP Yea Yen les No* Yen* Yes* No* No* No* No*
:aXIRoomDe House Yes* Yes' Yes* Yes- Yea* No No No No No No No No No No
:axi Depot No No No No No No
Yea Yea No Yea Yes No No No No
' owahouses No No No Yes Yes No SP No No No No No No No No
^ro-family Duelling No Yes Yes Yes Yes Yes No No No No No No No No No
veterinary Cospital
L Kennel No No No No No No No No No No No No Yes No No
iarehousinq L
Wholesaling No No No No No No No No No Yes Yes No* Yes No* Yea
Jay Care Center SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP
(1985/22)
' See detailed District Use Regulations.
? With Special Perdu t only.
'ATE: This chart is for summary information purposes only and is not a substitute for the detailed
district use regulations contained in Section 4 of this Bylaw.
Only with the provision of publicly owned and maintained sewers or Town approved and accepted
private sewers, (see Footnote 12 of Table 2 - Dimensional Regulations) and with no more than
five dwelling units per structure.
i
TB 1.2
..s
� :i
y
V § § 2 LICENSES C. 1'40 ANNOTATED LAWS OF MASSACHUSETTS 1 J
((( C. 140
DEFINITION
dollars may be charged for either of said licenses. The licenses shall
be recorded in the office of the licensing authorities. An alderman,
§ 1. Definition. member of a licensing board or selectman who signs a license granted
contrary to this chapter shall be punished by a fine of not more than
"Licensing authorities", as used in this c' apter, unless a contrary fifty dollars. (CL 79, § 2; 1692-3, 9, § 1; 1703-4, 5, § 1; 1786, 68, § 1;
meaningis required by the context, shall mean the boards in Boston 1792, 25; 1832, 166, §§ 4, 6, 8; 1833, 122; RS 47, §§ 17, 18; 1837, 242,
and other cities which by special statutes or city charters have the § 2; GS 88, §§ 2, 21; 1875, 99, § 6, cl 5; 1878, 241, § 8; 1879, 38, § 1;
Power to issue licenses for innholders or common victuallers, licensing PS 102, §§ 2, 24; 1885, 83; 323, § 2; 1894, 235; 351; 428, § 4; 1895,
boards appointed under section four of chapter one hundred and 343; RL 102, § 2; 1906, 291, § 4; 1910, 383; 1916, Sp 310; 1974, 261.)
thirty-eight in cities which at the municipal election next preceding *'' Editorial Note-
the first day of January, nineteen hundred and twenty-five, voted to The 1974 amendment increased the fee stated in the fifth sentence from five to
autKirize the granting of licenses for the sale of certain non-intoxi- twenty-five dollars.
catirtg beverages and also in cities wherein by special statutes said
_. Acts 1975,Ch. 251, entitled "An act authorizing the renting of rooms by homeown-
boards are vested with all the powers and duties exercised by ers during the bicentennial celebration" which was approved, with emergency pream-
licensing boards in cities that vote to grant such licenses, the alder- ble, May 27, 1975, provides as follows:
men in all other cities and the selectmen in towns. (1926, 92, § 1.) Notwithstanding any contrary provision of law, in any city or town except the city
of Boston, the board of selectmen of a town or the city council with the approval of
Total Client-Service Library®References- i the mayor in a city is hereby authorized to grant homeowners in their respective city
51 Am Jur 2d, Licenses and Permits §§ 1, 119 et seq, or town permits to rent rooms during the period from January first, nineteen hundred
�,.- and seventy-five, to December thirty-first, nineteen hundred and seventy-six, inclusive.
CASE NOTES
_ Total Client-Service Library®References-
Public board consisting of three mem- in go-go bars is not inconsistent with 40 Am Jur 2d, Hotels, Motels, and Restaurants §§42-48.
bers may constitute "licensing authori- state statutes authorizing local licensing
ties" as these words are used in this boards to regulate liquor licensees. Rev- CASE NOTES
-section. Liggett Drug Co. v Board of „ '
ere v Aucella (1975) 369 Mass 138, 338
License Com'rs. (1936) 296 Mass 41, 4 '?� 1. In general. considerations leads to this conclusion.
NE2d 628. NE2d 816, app dismd 429 US 877, 50 L 2. Granting of license-In general. Liggett Drug Co. v Board of License
City ordinance regulating nude dancing Ed 2d 159,97 S Ct 225. 3. -Discretion in issuance of license. Com'rs (1936) 296 Mass 41. 4 NE2d 628.
citing the following cases: Common-
wealth v Kimball (1837) 41 Mass 359;
Commonwealth v S. S. Kresge Co. (1929)
1. In general 267 Mass 145. 166 NE 558; Re Opinion
INNHOLDERS AND COMMON VICTUALLERS Licensing officials not to retain fees.-
of Justices (1933) 282 Mass 619, 186 NE
Under the provisions of Rev Laws, c 102, 490; and Re Opinion of Justices (1934)
§4 and St 1906, c 291 §4 the licensing 286 Mass 611. 191 N E 33.
§ 2. Licenses; Fees; Record; Penalty. board of the city of Boston was required This section is a valid police regulation.
1 to pay all fees received for the issuance Calder v Kurby (1856) 71 'Mass 597;
Licensing authorities may grant licenses to persons to be innhold- and recording of licenses into the city
Decie
treasury, and it was unlawful for the v Brown (1897) 16i Mass 290, 45
ers or common victuallers. Such license shall not be issued or be valid :' secretary of the board to retain the re- NE 765; Liggett Drug Co. v Board of
until it has been signed by a majority of the aldermen in cities where cording fees and appropriate them to his License Com'rs (1936) 296 Mass 41. 4
the license is to be granted by the aldermen, by a majority of theft`." own use. Boston v Epple (1915) 221 Mass NE2d 628.
licensing board in other Cities Or by i 395, 108 NE 1056. The section is sufficiently definite to be
the selectmen in towns. An Section is constitutional.-The terms of comprehended by persons of common un-
alderman, any member of the licensing board or a selectman mayI r' this section do not exceed the bounds ofg Liggett g
derstandin Li ett Dru Co. v Board
refuse to sign a license for a person who, in his opinion, has not ?;Lf, constitutional competency of the general of License Com'rs. (1936) 296 Mass 41, 4
complied with this chapter. This section shall not require the licensing uµ:> court to enact all manner of wholesome NE2d 628.
authorities to grant either of said licenses if, in their opinion, the <";.'; > and reasonable laws under ch 1, § 1, art A restaurant cannot be conducted
-five 4, pt 2, of the Constitution of this tom- without a common victualler's license and
public good does not require it. A fee of not more than twent
ytcv' monwealth. Reason as well as historical a hotel cannot be conducted without an
2021 203
140 ANNOTATED LAWS OF MASSACHUSETTS s 2 4 LICENSES C. 140
innholder's license, and both are required within the class which can be conducted
to be provided at all times with suitable only by authority of a public license with
food for strangers and travelers and, the duty of rendering public service, or sunow found in this section, are eRight urge the granting of a license.
substance, the same as those of the earlier r -Party selling lunch wagon and agree-
statute covering the same subject. The ing to get license for same had the right
besides, the latter must have suitable within that exceptional class impressed
room with beds and beddin for the lod licensing authorities are not now required to urge before the board of selectmen
g g- with a public interest such as "keepers of to grant any licenses to common victual- either in person or by counsel, or by
ing of its guests. Commissioner of Corps. inns, cabs, and grist mills." Charles Wolff lers. Whether an such licenses shall be
& Taxation v Chilton Club (1945) 318 Packing Co. v Court of Industrial Rela- Y those interested in his behalf, the grant-
Mass 285, 61 NE2d 335. granted and, if any, the number to be ing of a common victualler's license, in
tions (1923) 262 US 522, 67 L Ed 1103, granted rest in the sound judgment of the the absence of im ro er influence or rac-
Imposition of entertainment license fee 43 S Ct 630, 27 ALR 1280, conformed to p p p
licensing board as to the demands of the rices upon the members of the licensing
upon person licensed under section.-De- 114 Kan 304, 219 P 259. The number as public welfare in the respective commum- board. Dansereau v Houlihan (1936) 296
spite the provisions of § 183A, infra, that well as the character of places devoted to ties. Liggett Drug Co. v Board of Li- Mass 310, 5 NE2d 428.
no fee under that section shall be charge- that business has an intimate relation to cense Com'rs. (1936) 296 Mass 41, 4
able for a license under that section to a the public health. The power of the gen- NE2d 628. Where party selling lunch wagon guar-
person who is also licensed under the eral court to regulate the business in all
License not matter of right.-The pro- anteed he would get buyer license
instant section, an entertainment license these particulars seems to us clear. It is visions of this section as to the granting through "pull" with selectmen, such
fee was properly imposed by the city of not transcended by the present statute. of licenses to persons to be common vic- statement did not warrant a ruling that
Boston upon a person licensed under the Liggett Drug Co. v Board of License tuallers, violate no rights guaranteed to the agreement to obtain a common vic-
instant section, where the city of Boston Com'rs. (1936) 296 Mass 41, 4 NE2d 628. the petitioners by the Constitution of this tualler's license was against public policy
had been empowered by the legislature to Upon consideration of"public good."- commonwealth or by the Fourteenth and illegal. Dansereau v Houlihan (1936) I
fix such license fees notwithstanding any The words "public good" are in this Amendment to the Federal Constitution. 296 Mass 310, 5 NE2d 428.
general or special law theretofore passed. section as stating the standard of conduct It follows from this that the suits in s
R
Mosey Cafe, Inc. v Licensing Board of of the licensing board. They are words in equity cannot be maintained by rejected Reasons for selectmen's denial of com-
mon victualler's license were groundless y
Boston (1958) 338 Mass 199, 154 NE2d common use and convey an intelligible applicants for renewal of licenses, and or legally erroneous; decision annulled t
585. idea. The respondents would be derelict in demurrers must be sustained. See Shu- g Y
2. Granting of license-In general their .duty if they failed to consider the
Sale of food relates to public"health.- for licenses. Liggett Drug Co. v Board of man v Gilbert (1918) 229 Mass 225, 118 and case remanded for further proceed-
N,
"public good" in passing upon application NE 254; Liggett Drug Co. v Board of ings on application. McDonald's Corp.License Com'rs. (1936) 296 Mass 41, 4 980 Adv Sheoard of lets 97ectmen399 NE2 38(1980, 5 `pp)
The sale of food for immediate consump- License Com'rs. (1936) 296 Mass 41, 4 NE2d 628.
tion on the premises of the vendor has an NE2d 628. j
intimate relation to the public health and The requirement of the "public good"
the nature of the business of a common as the standard by which to measure the § 3. Form of Innholders' Licenses.
victualler affords basis for regulation as number of licenses to be granted under
to the number of places to be licensed in this section runs through the statutes on All innholders' licenses shall be expressed to be subject to sections
any community. Liggett Drug Co. v this subject for more than a century. twenty-two to thirty-two inclusive, of this chapter and sections
Board of License Com'rs. (1936) 296 Liggett Drug Co. v Board of License
. (1936) 296 Mass 41, 4 NE2d 628. twenty-five to twenty-seven, inclusive, of chapter two hundred and
Mass 41, 4 NE2d 628, citing Common- Com'rs
wealth v Bennett (1871) 108 Mass 27; seventy-two. (1915, 180, § 5; 1918, 259, § 2.)
Commonwealth v Fredericks (1875) 119 Licenses sought under this section are
Mass 199. mere permissions and are in no sense
"Common victualler" defined.-The property.-The petitioners had no right
words "common victualler," in Massachu- en a renewal of a license. They were
entitled only to fair treatment upon ap- § 4• Contents and Term of License of an Innholder or Common
setts, by long usage, mean the keeper of plying for renewal. Liggett Drug Co. v Victualler.
a restaurant or public eatinghouse. Com- Board of License Com'rs. (1936) 296
monwealth v Meckel (1915) 221 Mass 70, Mass 41, 4 NE2d 628. Every license of an innholder or common victualler shall specify e
108 NE 917. r
the street and number, if any, of the building where the business is to
Aldermen in granting the license func- 3. Discretion in issuance of license be carried on or give some other particular description thereof, and
tion in the same manner as the licensing Mandamus will not lie to compel a the license shall not protect a licensee who carries on his business in
board when the granting is within the mayor to sign the license if he is of the any other place. Such licenses shall expire on December thirty-first of
authority of such board. McMinn v opinion that there has not been a suffi- '
Rockwood (1916) 225 Mass 104, 113 NE cient compliance wiih the provisions of each year; but they may be granted during December, to take effect
1037. §6 of this chapter. Deehan v Johnson on January first following. (CL 83; § 15, 1703-1, 5, § 1; 1786, 68, § 2;
Business of common victualler can only (1886) 141 Mass 23,6 NE 240. 1832, 166, §§6, 7; RS 47, §§ 17, 19; GS 88, §§ 2, 3; 1878, 241, § 9;
be conducted under a public license.-The The issuance of license rests in sound 1879, 38, § 2; PS 102, §§ 3, 4; 1890, 73; RL 102, §§ 3, 4; 1934, 171,
business of a common victualler falls judgment of licensing board.-The provi- § 1.)
204 {
{ 205
T.
,1
C. 140 ANNOTATED LAWS OF MASSACHUSETTS § 4 I 6 LICENSES C. 140
Editorial Note- §
The 1934 amendment changed the dates specified in the second sentence. additionally, the keeper a restaurant is Com. (1964) Mass 539, NE2d
i required, with certain exceptions, to sup- 184, in connection with the proposition
Acts 1959, Ch 250 § 1,provides as follows:
ply food to a stranger or traveler and that the provisions of c 138, § 12,govern-
SECTION 1. In the city of Boston, notwithstanding any provisions of sections four hotel keeper is required to receive them in ing an innholders' alcoholic beverage li-
and twenty-three of chapter one hundred and forty of the General Laws to the his hotel, and the failure to supply food in cense make it plain that such a license
contrary, licenses for lodging houses shall expire on April thirtieth of each year; but one case and lodging in the other carries must be exercised on approved premises
they may be granted during April, to take effect on May first following. a penalty. Commissioner of Corps. & and that it cannot exist as a roving
Taxation v Chilton Club (1945)318 Mass
license.
CASE NOTES 285,61 NE2d 335. Motel not included within term "hotel"
The instant section was referred to in a that the provisions of c 138, § 12, govern- Effect of failure to provide required in zoning bylaw. See Gallagher v Board
case involving the transfer of an all alco- ing an innholders' alcoholic beverage li- services.-One who has been licensed to of Appeals (1966) 351 Mass 410, 221
holic beverages license from a cafe com- cense make it plain that such a license conduct the business of a common vic- NE2d 756,23 ALR3d 1201.
pany to an American Legion Post. must be exercised on approved premises tualler "shall at all times be provided Distinction between hotel and motel.-
Springfield Hotel Asso. v Alcoholic Bev- and that it cannot exist as a roving with suitable food for strangers and trav- Under §5 of the instant chapter, a hotel,
erages Control Com. (1959) 338 Mass license. elers" and shall have "upon his premises for licensing purposes, requires an inn-
699, 157 NE2d 219. License must be exercised on approved the necessary implements and facilities
holder's license under which it must pro-
PP vide both lodging and food whereas a
Sections 4, 5 and 6 of the instant premises.-Under c 138, §§ 12, 15 and for cooking, preparing and serving food motel is defined in §32A as "any building
§§4-6 of the instant chapter, a license for strangers and travelers," and his fail-
' chapter were referred to in New City P or group of buildings which provide
must be exercised on approved r ure to maintain such implements and
Hotel Co. v Alcoholic Beverages Control pp premises. sleeping accommodations for transient
Com. (1964) 347 Mass 539, 199 NE2d Re Opinion of Justices (1965) 349 Mass facilities shall be cause for the immediate motorists and which is not licensed as an
184, in connection with the proposition 794,208 NE2d 823. revocation of his license by the licensing inn," and hotels are not within the group
commissioners. Mayor of Everett v Supe- of establishments which by §§32A-32L
CASE NOTES UNDER FORMER LAW rior Court (1939)324 Mass 144, 85 NE2d are subject to control with respect to
214. water supply, sanitary conditions and
Under this section, as it formerly read, that they may be granted in other Sections 4, 5 and 6 of the instant sewage disposal. Gallagher v Board of
it was said that there is no public exi- months than April. Cheney v Coughlin chapter were referred to in New City Appeals (1966) 351 Mass 410, 221 NE2d
gency which requires that licenses (1909)201 Mass 204,87 NE 744. Hotel Co. v Alcoholic Beverages Control 756, 23 ALR3d 1201.
granted shall run for an entire year, and
§ 5. Innholders, etc., to Have Suitable Accommodations for § 6. Granting Common Victuallers' and Innholders' Licenses in
Travelers.
Advance of Equipping Premises.
Every innholder and every common victualler shall at all times be A common victualler's or innholder's license may be issued to an
provided with suitable food for strangers and travelers. Every inn- applicant therefor if at the time of his application he has upon his
holder shall also have upon his premises suitable rooms, with beds premises the necessary implements and facilities for cooking, prepar-
and bedding, for the lodging of his guests. (CL 82, § 10; 1698, 10, § l; ing and serving food for strangers and travelers, and, in the case of
1786, 68, § 3; 1832, 166, § 10; RS 47, § 5; GS 88, § 8; 1878, 241, §§ 1, an applicant for an innholder's license, also has the rooms, beds and
2; PS 102, §§ 5, 6; RL 102, § 5; 1931, 426, § 35.) bedding required by lay. An applicant for a license as a common
?victualler or as an innholder, proposed to be exercised upon premises
CASE NOTES -which have not been equipped with fixtures or supplied with neces-
sary implements and facilities for cooking, preparing and serving
Not required provide food to be Mass 70, 108 NE 917. °fd and upon which, in the case of an applicant for an innholder's
taken away.-This s section does not re- Victuallers' and innholders' obligations. oop pp
quire the keeper to be provided with -A restaurant cannot be conducted license, there are not also provided suitable rooms, beds and bedding
bread, groceries and provision for all of without a common victualler's license and for the lodging of his guests, shall file with the licensing authorities a
the public who may come to the shop to a hotel cannot be conducted without an plan showing the location of counters, tables, ranges, toilets and in
purchase such articles and to carry them innholder's license, and both are required
away, and such keeper cannot sell on the to be provided at all times with suitable general the proposed set-up of the premises, which shall include, in
Lord's day any kind of food to anyone, if food for strangers and travelers, and the the case of an applicant for an innholder's license, a plan of the
it is sold to be taken and carried away. latter must have suitable rooms with beds proposed suitable rooms for the lodging of his guests and a list of the
Commonwealth v Meckel (1915) 221 and bedding for the lodging of its guests; beds and bedding, which he proposes to have upon said premises if
206
'1,. `�n!y" 207
, f .
140 ANNOTATED LAWS OF MASSACHUSETTS6 i
§ 9 LICENSES C. 140
ind when the license may issue, together with an itemized estimate of suitable provision for a stranger or traveler shall be punished by a
the cost of said proposed set-up and of such *fixtures, and of the fine of not more than fifty dollars. (CL 82, § 10; 1710-11, 11, §4;
� implements and facilities necessary for cooking, preparing and sere- i 1786, 68, § 3; 1832, 166, § 10; RS 47, § 8; GS 88, §9; 1878, 241, § 5;
ing food and of such beds and bedding; and-thereupon the licensin I 17 102, §9; 1 102, § 7; 1931, 426, § 37.)
auth Ps; ma rant a stZmmon victual er's,' or an inn oder s
license, ascase may e, u on a con rtion that such license shall Total Client-Service Library®References-
issue upon the completion of remises acc dingto the Mans and 40 Am Jur 2d, Hotels, Motels, and Restaurants§§59 et seq.
estimate submitted, and the-d-eamn of the licensing authorities as to
whether or not said premises are so completed shall be. final: For the CASE NOTES UNDER FORMER GL c. 140§8
purposes of section twelve of chapter one hundred and thirty-eight, a Restrictions upon Sunday business.-In lers are required on all secular days to
person to whom a license has been granted under this section shall be Commonwealth v Meckel (1915) 221 supply food to a stranger or traveler
Mass 70, 108 NE 917, it was said assum- without discrimination. as to race or
deemed to be a common victualler duly licensed under this chapter to ing that a defendant as common victual- color. Liggett Drug Co. v Board of Li-
conduct a restaurant or an innholder duly licensed thereunder to ler has the right, although not required cense Com'rs. (1936) 296 Mass 41, 4
conduct a hotel, as the case may be. (1878, 241, §§ 3, 4; PS 102, §§ 7, by law, to keep open his place of business NE2d 628.
8; RL 102, §6; 1931, 426, § 36; 1937, 424, § 6; 1941, 439, § 1.) on the Lord's day, he can keepit open as The keeper of a restaurant is required
to supply food to a stranger or traveler,
CASE NOTES such only for the purpose of supplying and the failure to supply food carries a
his customers with food to be eaten on penalty. Commissioner of Corps. & Taxa-
The application must describe an ac- case involving the transfer of an all alco- the premises. tion v Chilton Club(1945) 318 Mass 285,
tual building.-See Cheney v Coughlin holic beverages license from a cafe com- Holders of licenses as common victual- 61 NE2d 335.
(1909) 201 Mass 204, 87 NE 744. pany to an American Legion Post.
Refusal of licenses after granting a Springfield Hotel Asso. v Alcoholic Bev-
ruling requested by petitioners to the erages Control Com. (1959) 338 Mass
effect that to refuse to renew a common 699, 157 NE2d 219. § 8. [Repealed, 1975, 256, § 1.1
victualler's license on grounds other than
a failure to comply with this section or Sections 4, 5 and 6 of the instant _
other than because petitioner has done or chapter were referred to in New City
is doing business in an illegal or unsani- Hotel Co. v Alcoholic Beverages Control § 9. Revocation, Suspension, etc., of License.
tary manner is improper and illegal, indi- Com. (1964) 347 Mass 539, 199 NE2d
cates that the refusal of the respondents 184, in connection with the proposition If, in the opinion of the licensing authorities, a licensee as an
to grant licenses to the petitioners was that the provisions of c 138, § 12, govern- innholder or a common victualler ceases to be engaged in the business
based on sound, practical grounds. Lig- ing an innholder's alcoholic beverage li- ! he is licensed to pursue, or fails to maintain upon his premises the
sett Drug Co. v Board of License cense make it plain that such a license implements and facilities required by this chapter, they snail imnhedi-
Com'rs. (1936) 296 Mass 41,4 NE2d 628. must be exercised on approved premises ately revoke his license. If a licensee at any time conducts his licensed
The license commissioners are not re- and that it cannot exist as a roving business in an improper manner, the licensing authorities, after notice
quired to grant any common victualler's license. g
licenses, and whether any should be Reasons for selectmen's denial of com- to the licensee and reasonable opportunity for a hearing, may upon
granted.rest in their sound judgment as mon victualler's license were groundless satisfactory proof thereof suspend or revoke his. license. An innholder .
"to the demands of the public welfare in* or legally erroneous; decision annulled who violates section seven shall forfeit his license. A licensee who is
the respective communities." Mayor of and case remanded for further proceed- convicted a second time Of the violation of any of the provisions Of
Everett v Superior Court (1949) 324 ings on application. McDonald's Corp. v sections six to eighteen, inclusive, shall forfeit his license. (1786, 68,
Mass 144, 85 NE2d 214. Board of Selectmen (1980, Mass App)
§8; 1832, 166, § 10; RS 47, § 8; 1837, 242, § 3; GS 88, §9; 1878, 241,
The instant s^ction was referred to in a 1980 Adv Sheets 97, 399 NE2d 38. §§ 5, 7; PS 102
§§ 9, 11; R L 102, §§ 7-9, 20; 1918, 64; 1919, 99;
1975, 256, § 2.)
§ 6A. [Repealed, 1941, 439; § 2.1 Editorial Note-
The 1975 amendment, pursuant to the repeal of ALM GL c. 140, §8, deleted
§ 7. Penalty for Refusing to Receive Traveler. penalty provisions as to common victuallers who violate §8.
An innholder who, upon request, refuses to receive and make
208
209
V.
mtea.1
YU ,11,1, . 9ac�u�ett� 0890 a� ett� 07970
March 1, 2000
Zoning Board of Appeal
Town Hall
North Andover,MA 01845
RE: Proposed Warehouse Self Storage
S.P.E.C. Realty Trust(Chris Adams Trustee)
1592 Osgood Street
North Andover, MA 01845
Dear Board Members:
This report is the result of a denial of a building permit for warehousing of the self storage type by Mr.
D. Robert Nicetta the Building Inspector on 2.22.00.and owned by S.P.E.C. Realty Trust at the above noted
site The purpose of this report is to correct some apparent misconceptions by Mr. Nicetta and to present
proper technical backup for certain considerations and to focus on what S.P.E.C.Realty Trust perceives their
rights to be.
SITE HISTORY
The site is currently occupied by a restaurant(Jimmy;s Pizza),a miniature golf course adjacent to and
behind Jimmy's Pizza and vehicular rental parking on the parcel high ground behind the miniature golf course.
The restaurant predates S.P.E.C. Realty Trust(ie prior to 1958),the miniature golf course and the vehicular
rental parking came into existence on or before 1969. S.P.E.C. Realty trust took over all of these uses,
structures and associated rights on March 15, 1985 (See Deed in Figure 1). The zoning by laws in effect at
this time refer to the lot of record being under the zoning by laws and zoning district map as defined by the
zoning plan dated May 12 and June 5, 1972. This plan identifies the land falls into 1-S Industrial District .
This by law in section 4.11(3)general provisions identifies some restrictions that exist relative to the parcel
of land currently owned by S.P.E.C. Realty Trust to quote "when a zoning district boundary divides a lot
of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this zoning by law
applying to the greater part by area of such lot so divided may by special permit be deemed to apply and
govern at and beyond such zoning district boundary but only to an extent not more than one hundred(100)
linear feet in depth(at a right angle to such boundary)into the lesser part by area of such lot so divided".
This same restriction also exists under Section 4.1.1.4 pg 25 of the amended Zoning By Laws dated
May 1999. Thus the zoning restriction prior to 1985 and as they exist today are the same. This limitation has
direct bearing on the setback that will be addressed under setback relief hereinafter included.
Mr.Ni(7etta has indicated that his denial decisions are based upon the 1999 Zoning By Laws. Clearly
MASSACHUSETTS
471 ,3
ftb& Norm at
"SEX "" G
(Pui#riatm 19uh 'X :. .. .
e. r:�E�s
(INDIVIDUAL) 1 J ` 214 FH 10)
Christopher V. Adams 1P40 :, P]4
TO
Christopher V. Adams, Trustee
S.P.L.C.S Realty frust
,I wrence
...... ................................... ..... ...............-.
at......... ..l .. o'dodc and.......G 4..........minutes.......Tm.
Received and entero! with....'.:.Ar.t. ...Listri.e.t•.••
................................................k sz ax.............I.... Deeds
1940'
Book... .... . .. ......Page.........'::4..............
Attu .
/ Register [
'11 n:v 1 FROM THE OFFICE or
1 �
CL
Michael T. Stella, Sr . , P.C.
160 Common Street
Lawrance, MA 01840.
Tel: (617) 683-2132
s
RETURN TO*
HOBBS a WARREN, INC.
PUE1.17HCn5 STANDARD LEGAL FOPVS
BOSTON _ NIAer.
FORM SS!
�r...e�n.�u►�7�•117.rot• 717.If/10
� 2 & V11eAYi Ited RECORDED OWNERSHIP DEED FIGURE 1
�aic9u�t (222tee� WAREHOUSE DESIGN REPORT DATE
4ga,..2n4-e X.4#A../[a/6W..W S.P.E.C.REALTY TRUST(CHRIS MARCH 1 2000
7e1-1Ple7»7 1 THIS REPORT OR FIGURES
ADAMS TRUSTEE),1591 OSGOOD MAY NOT BE REPRODUCED
WITHOUT THE WRITTEN
97�74f--1150 STREET, NORTH ANDOVER,MA.01922 IONSENT OF BOTH AUTHORS
the existing land use has been previously approved as uses in this district and are grand fathered uses in this
1-S district.
PLAN REVIEW NARRATIVE
Figure 2 identifies the reasons noted by the Building Inspector,Mr.Nicetta for denial of the building
permit. The denial was also based upon a set of drawings by P&A dated January 8,2000. These drawings are
herewith made part of this submission because they contain information that may have been overlooked or
misunderstood in developing the denials. The following segments of this report will deal with each item in Mr.
Nicetta's denial and will clarify what relief is sought and the reasons why the relief is sought.
DENIAL B-1
After presentation to zoning board of appeals the planning board will be brought into the overall
permitting process as is required.
DENIAL B-4(1) "The restaurant preexisted zoning. Under the present zoning by laws a restaurant is not
allowed in the I-S district(see summary of uses). If applicant desires to construct a warehouse a special
permit must be obtained to modify the restaurant use as it is not an accessory use to the principal use.
Sheet 6 of the P&A drawing indicates how the existing restaurant structure which is a grand fathered
use is to be integrated into the warehouse planning and does not present a conflict particularly when the
miniature golf course is eliminated. There clearly is no conflict between the major warehouse use and the
integrated minor restaurant use. The relief sought is major and minor grand fathered situations use existing
together in this case.
DENIAL B-4(2)
The topographic plan shows a two story storage unit and office structure. A special permit must
be obtained as it is an accessory use to the primary use(warehouse). We believe this to be an error in that
no office structure is planned for the site. The notation refers to the section of the facility that will get solely
as the management center for only the warehouse complex and is part and parcel of the warehousing complex.
This is the area of the warehouse project devoted solely to administering the warehouse itself and would occupy
about 1200 s.f. of the front structure. This space is necessary to operate the facility. We would respectfully
note that this structure in the front is for warehouse space and administration space.
DENIAL B-4 (3)
"Special permit for use not listed but similar': Clearly the proposed use is warehousing in the true
sense of the word and is simply warehousing. We believe that no relief is required but will pray upon the
judgement of the Zoning Board of Appeals.
DENIAL C-5
Insufficient Rear Setback,Table 2 footnote states. "Adjacent to a residential district and addition
1 S foot side or rear setback shall be required The first 1 S feet of the total setback abutting the residential
district shall remain open and green suitably landscaped and built upon,unpaved and not parked upon'.
—2—
Plan Review Harrotivs►
The following narrative is provided to further w0ain thn reasons for denial for the building
permit for the prwerrq i�n/ccated on the reverse aide:
-wow-- Rew ms fcw Oe" •• �T,
PAfemrice
B-4 RequirCa site pian review by Plamina Board after ZBA hewirtga(s).
B-4 Special Parmit(s)by Zoning Board of Appeals:
(1)Tlte existing restwmit pre-existed a mratg.Urkrler the present raring bY4aw
a restewant is not allowod in the 1-S Watrict.(See Summary of uses).
if the appfioaot desires to construct a`warchmse'a Special Perndt must be
obtained to modiry the restaurant uta as it is not an accessory use to the
Principal use.
(2)The topographic plan shows a two glory menage unlit and office structure.
A Special Permit frost be obtalmd as it is an slmeasory use to the primary use
(wamhouse).
(3) Special Permit for use not luted but siasiler.
4-3 insufficient rear sdback. Table 2,footnote 2 states'ad)scmt to a residential
District,an additional IS foot side or rear setback shall be required. The first
15 feet of the total setback abutting the residential district shall remain tow
and green,suilably huWscnped,uabuiltt upon,unpaved and not puked upon'.
In the 1-S district the rear setback is 30 feet plus 15 fact Ad4lional for a
total of 4S fMet.
ti-4 Building freight:
No elevation drawings to verify height.
J-3 Sign: Inrarfticient information.
K-4 Parking: Section 8.1,Paragraph 7.
A parking space shell mean an area of not less than 9kl F.accessible over ,A
unobstructed driveways not less than 29 feet wide.
Now(1)No handicap accessible spaces have been shown.
2Ytmited BUILDING INSPECTOR DENIALS 02/23/00 FIGURE 2
�aic�ct�u14, �ic�iuteesJ WAREHOUSE DESIGN REPORT DATE
49,9.�na,X;..&A," W&90 S.P.E.C.RE.I%LTY TRUST(CHRIS MARCH 1 2000
701A7lR7ffj THIS REPORT OR FIGURES
.�z..,rT So.�A. ,rte�yjo ADAMS TRUSTEE),1591 OSGOOD MAY NOT REPRODUCED
WITHOUT THE WRITTEN
Y7& f--tt50 STREET, NORTH ANDOVER,MA.01922 CONSENTOFBOTH AUTHORS
v
In the 1-S district the rear setback is 30 feet plus 15 foot additional for a total of 45 feet." Mr. Nicetta
apparently did not consider that S.P.E.C. Realty Trust land comes under the relief noted previously under
Section 4.1.1.4. Thus S.P.E.C.Realty Trust seeks relief by invoking Section 4.1.1.4 by providing an additional
20 feet buffer of natural un-build upon land as noted in Figure 3. This provides the 45 feet required with only
25 feet of paving and 20' green zone buffer. The relief sought is shown in Figure 3. Unless this variation is
granted the owner due the topography will lose one structure creating a financial hardship.
DENIAL H-4
"Building height. No elevation drawing to verify height". Sheet 2 of the drawings supplied
indicates that the maximum height of the buildings would be between 25 and 30 feet. Attached as Figure 4 is
a schematic view of a typical structure which indicates a maximum building height of 26 feet.
DENIAL J-3
"Sign insufficient information". Sheet 2 of the drawing submitted as noted indicates " 1 free
standing,one entrance corner 32 s.f.max 15'high to conform to zoning by laws. Attached is Figure 5 which
yields greater detail of the proposed sign.
DENIAL K-4 PARKING SECTION ?.1 Paragraph 7
"A parkway space shall mean an area of not less than 9'x18' accessible over unobstructed
driveways not less than 25 feet wide. Note(1). No handicap accessible space have been shown."
This denial does not address the primary problem. The 1999 zoning by laws require one space per 500
s.f. of the warehouse area and the 1972 applicable by laws require one space per 1000 s.f. of the warehouse
area. This indicates that the potential applicable by laws require someplace between 48 and 96 spaces. A
recent approval withing the Town of North Andover on a comparable size warehouse project was scheduled
for 102 spaces as per the current code and was ultimately approved for 8 spaces on June 22, 1999. This latter
criteria is closer to the industry criteria for warehousing of the self storage of 5000 s.f./space. For this project
this would require about 16 spaces. Adding to this the restaurant criteria of 32 spaces indicates that a total
of 42 spaces should be allocated for this site. This is in keeping with previous approved parking spaces and
is presented as the 42 spaces on Sheet 6 of the drawing. In addition Figure 6 identifies the details for
handicapped space which will total 3 in number in between the two warehouse structures and the restaurant.
It should also be noted that the parking spaces are 9'x20'. Clearly this criteria meets criteria established by the
ZBA of North Andover. Thus within the warehouse complex ample pickup parking is available for the
deposition and shipping of stored goods.
Very truly yours,
Prof. Thomas E. Phalen, Jr.
President
TEP/efb
—3—
194.19 N 280 31' W
F
I
RESIDENTIAL ZONE
1.285 ACRES
PERIMETER PLA
a SCALE 1" = 100'
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k4"7, & Jvllwy;m6ted PERMANENT GREE BU FER ZONE FIGURE 3
FROMZONING
AREHOUSE oBICNLAWS REPORT DATE
9.f.2,4,.�'a m&A.-"iMM9 S.P.E.C.REALTY TRUST(CHRIS MARCH 1 2000
THIS REPORT OR FIGURES
ADAMS TRUSTEE),1591 OSGOOD MAY NOT BE REPRODUCED
WITHOUT THE WRITTEN
9�ar4�xrso STREET, NORTH ANDOVER,MA.01922 ONSENT OF BOTH AUTHORS
i
35'
ro
A
OA,
C�9�F 12.5'
6�.
144
2.5'TYP
12.5'
30'
SCHEMATIC VIEW OF STRUCTURE
NOTES
1. THIS IS A SCHEMATIC SKETCH TO DEMONSTRATE BUILDING HEIGHT AND WIDTH.
2. THE ROOF SHALL PITCH A MAXIMUM OF ONE FOOT FROM THE DIMENSION SHOWN
FOR PURPOSES OF ROOF DRAINAGE YIELDING A MAXIMUM BUILDING HEIGHT OF 26'
FROM THE TOP OF THE GRADE BEAM.
YkAn & .wlliayinaed SCHEMATIC VIEW OF STRUCTURE FIGURE
CrJoajaLGl-/w WAREHOUSE DESIGN REPORT DATE
4x"'. 2,,&, aVg90 S.P.E.C.REALTY TRUST(CHRIS MARCH 1 2000
7af-,7fA7f>7 THIS REPORT OR FIGURES
18f�ic�Qa�Lrvet�ale�s 1�fZT 0970 ADAMS TRUSTEE),1691 OSGOOD MAY NOT BE REPRODUCED
WITHOUT THE WRITTEN
97�74�leso STREET, NORTH ANDOVER,MA.01922 IONSENT OF BOTH AUTHORS
6 ' 2"
N
S. P. E. C.
Q WAREHOUSE
SELF STORAGE
00
rl
0
-I
rl
SIGN 32 SF
X11"oLt;n4tea" SIGN DETAIL FIGURE 5
�ait9tc�ut� X2� estj WAREHOUSE DESIGN REPORT DATE
a>a9a S.P.E.C.REALTY TRUST(CHRIS MARCH 1 2000
jB!7-09-Jlfj THIS REPORT OR FIGURES
ADAMS TRUSTEE),1591 OSGOOD MAYNOUTT E R WRITTEN WITHOUT THE WRITTEN
.9J&j4�.rr5a STREET, NORTH ANDOVER,MA.01922 ONSENTOFBOTHAUTHORS
V
4"WIDE YELLOW CURB OR
BARRIER FREE PAINT STRIPE 4"WIDE
PARKING SIGN 2'-0"O.C.TYP. YELLOWYELLOW REFLECTIVE
TYPICAL. (TWO COATS) PAINT 6"R PAINT(TWO COATS)
STRIPE o:
(IWO
>;c COATS)
O or
nx
m=5 N J
90 =o "WIDE
4 :;� YELLOW q
r REFLECTIVE 23
TRAFFIC a,
PAINT
STRIPE
I 51
R-' TYP.
I' 9.-0" 'I'S.-O.'�'ORT' 9.-0 COAOTS) ,�A
PER PLAN 3^ 1.'6
"
TYPICAL PARKING SPACE DIMENSIONS
It OF PARKING SPACE
AND STRIPING DETAILS INTERNATIONAL BARRIER
N.T.S. FREE SYMBOL
N.T.S.
I
L_4�1
FORMED TOP
6"DIA. RD W FILLED
Le 0STANDARD WEIGHT
STEEL BOLLARD
4 PAINT TRAFFIC
R6-1 R3-1VANACCEESBLE "'
30"x30" 24"x24" YELLOW
PAVING
El El n
i �.-.
�LOM ��� 24"DIA.
PARIdNC DANK TO \ LJ � / CONC.FILLED
•• \SONO TUBE
TRAFFIC SIGNS CONCRETE BOLLARD
N.T.S. DETAIL
PROVIDE 3 SPACES
VllitYancied HANDICAPPED PARKING FIGURE 6
9a,a_Ju1t4;y X2y;,CeesJ WAREHOUSE DESIGN REPORT DATE
4 g�g rm XA�ra." We.90 MARCH 1, 2000
S.P.E.C.REALTY TRUST(CHRIS
7af-,7fA7ff'7 THIS REPORT OR FIGURES
YZ-..t ADAMS TRUSTEE),1591 OSGOOD MAY NOT BE REPRODUCED
WITHOUT THE WRITTEN
97��4f�rso STREET, NORTH ANDOVER,MA.01922 IONSENT OF BOTH AUTHORS
Received by Town Clerk:
TOWN OF NORTH ANDOVER. NLaSSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant S.P.E.C. Realty Trust Address35 WEbbster St. Boston, MA 02128
FOR PROPERTY @ 1561 OSGGOOD STREET Tel. No. 1-617-567-6669
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
. b) For a Special Permit under Section Parazraph
of the Zonin,2 Bylaws
Vc) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority. SEE ATTACHED LETTER FROM OUR CONSULTANT
2. a) Premises affected are land and building(s)
numbered .1561 OSGGOOD STREET Street.
b) Premises affected area property with frontage on the North ( ) South ( ) East ( ) West ( )
side of 1561 OSGGOOD.STREET Street.
C) Premises affected are in Zoning District 1s and the premises affected have an
area of 116349 square feet and frontage of 275' feet.
3. Ownership:
a) Name and address of owner(if joint ownership, sive all names):
S.P.E.C. Realty Trust 35 WEbbster St. Boston, MA 02128
Date of Purchase 3/15/85 Previous Owner CHRISTOPHER V.ADAMS
b) 1. If applicant is not owner, check his/her interest in premises:
Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of
4. Site of proposed building: 275 front; 529.79' feet deep;
Height 2 stories; 26' feet.
a) Approximate date of erection FALL 2000
b) Occupancy or use of each floor: WAREHOUSE SELF STORAGE TYPE'
METAL CLAD
C) Type of construction
5. Has there been a previous appeal. under zoning, on these premises' NO When
6. Description of relief sought on this petition DENIALS BY BY MR. NICETTA FOR BUILDING PERMIT
7. Deed recorded in the Registry of Deeds in Book 1940 No. Pal-Ye 24
Land Court Certificate No. Book Pave
The principal points upon which 1 base my application are as follows: (must be stated in detail)
SEE ATTACHED LETTER FROM CONSULTANT
ATvl � �G1� f� f361'/,A/1I SS o,55 /)�rG, A Vr y
CF S I WE Cd/It P,!;7TIT-1 v V --�5- ( 'tETITUQ 1- 1 N ")A-� S'llzS.
o F 7c,r-AV SLAG✓ t'�'�P� S
%,¢X FS k,,Cf 11NC1e6A-1 �
� 9 — 4,59/!77 0 P6;K40.,�- 7' 4 / 7 A1 If4,M�
V14e L, t� .
I agree to pay the filing fee, advertising in newspaper, and incidental expenses*
Signature of Petitioner(s)
6 of 8
WORK SHEET
DESCRIPTION OF VARIANCE REQUESTED
1s
ZONING DISTRICT:
Required Setback Existim, Setback Relief
or Area or Area Requested
116349 SF
Lot Dimension
Area 116349 SF NONE
Street Frontage 275' NONE
Front Setback (s) 70'+/-Y NONE
Side Setback (s) 25' NONE
Rear Setback(s) 25' 40' RELIF AS PER ZONING
REGULATIONS
Special Permit Request: SEE ATTACHED LETTER FROM CONSULTANT
7 of 8
27 Charizs :.;;
Town of North Andover,Zoning Board of Appeals IAndow,MA 0
APPLICANT'S PROPERTY: list by map,parcel,name and address
(PLEASE PRINT CLEARLY,USE BLACK INK)
MAP PARCEL NAME ADDRESS
see attached list
ABUTTERS PROPERTY: list by map,parcel,name and address
(PLEASE PRINT CLEARLY,USE BLACK INK)
MAP PARCEL NAME ADDRESS
` see attached list
THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
ASSESSOR'S OFFICE:
BY: DATE:
SIGNATURE,ASSESSOR,TOWN OF NORTH ANDOVER
Required list of parties of interest Page one of .
03/02/00 08:43 FAX 6175676669 Chris Adams Q02
. I
5 P�" /� �+ T YT/fUS �. STPPNFiI V. bit MSS �,�v s?r"r
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ABBJTERS ���c��. ,
Lucent Technologies goo3 7
1600 Osgood street
N.Andover, ria. 01845
41
1551 Osgocd St
North Andover, Ma. 01,845
Mason / Dixon Realty Trust 44
George stella, Trustee
160 Common St f
Lawrence, Ma. 01842
Nangin Tree Realty Trust 28
George Farkas Trust
110 Whi t*e Lane 1f
Haslett, Texas 76052
I
White Basch Construr-tion Co, Inc . 5 �
12 Rogers Road 1
1
Haverhill , Ma. 01&35 -.
G M 2 Realty Trust' l
Grace K. Moscnetto zocco
1679 Osgood St v
North Andover, 01845
L WA LO"L
t e*C- vs T3
� T�. -
16, 2 -2 O S6 cro, ST
�et X14
&aTlplev
+ 03/02/00 08:43 FAX 6175676669 Chris Adams 901
P.O. Box 574
North Andover, Ma. 01845
March 2, 1999
i
TO WHOM IT MAY CONCERN:
Please be advised that we plan to construct a self storage
warehouse business at the existing premises:
1591 Osgood Street
North Andover, Ma. 01845
It is our wish to comply with all the necessary town bylaws and
applicable codes of the town.
If you have any questions in this regard, please contact me at (617)
567-6669 Thank you.
Sincerely,
Christopher V. Adams, Trustee
S.P.E.C. Realty Trust
3212 80' Street
Charlestown, Ma. 02129
June 16, F998
Sandra Starr, Health Inspecter
Board of Health
North Andover, Ma.. 01845
Dear Ms. Starr:
In order to comply with state and local ordinances for title 5 inspections, we
have hired the firm of Phalen and Allen Ltd. Consulting Engineers.
They have examined and evaluated our septic system and corrected the
problem as outlined in their enclosed report.
At the end of their evaluation and work, they have concluded "the classic
title 5 and analysis" falls into the pass category.
At previous meetings, your board voted to disallow us from renting the
space located at 1591 Osgood Street, North Andover till a Title 5 inspection
was completed. Now we have done that, we assume we may rent the space.
We have several potential renters, one being Oceanside Energy of
Worcester.
Please notify us immediately, should you have any problems with this.
Very truly yours,
Christopher V. Adams, mgr.
S.P.E.C. Realty Trust
cc Professor Thomas Phalen
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REQUIRED
SUBSURFACE SEWAGE
n DISPOSAL SYSTEM INSPECTION
FOR TITLE 5 QUALIFICATION
n
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FOR
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L._, S.P.E.C. REALTY TRUST
1591 OSGOOD STREET
n N. ANDOVER MA. 01845
MIL CHRISTOPHER ADAMS (TRUSTEE)
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BY
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4 Eugene Drive 32 Arbella Street
Winchester,MA. 01890 Salem,M.A. 01970
781- 729-7117 . 978-741-2250
FAX 781-729-4372 FAX 978-741-2250
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JUNE 2, 1998
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REQUIRED SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION
FOR TITLE 5 QUALIFICATION FOR S.P.E.C. REALTY TRUST, 1591 OSGOOD
M STREET, N. ANDOVER MA. 01845 MR. CHRISTOPHER ADAMS (TRUSTEE)
L, By Prof. Thomas E. Phalen Jr.' &
David J. Allen'
n
n INTRODUCTION
u
This Title 5 report is related to the sanitary disposal system (SDS) as it exists on property
r' owned by S.P.E.C. Reality Trust
(Mr. Christopher Adams, Trustee) on 1591 Osgood Street in North
'-' Andover, MA 01845. Mr. Adams acting as trustee for the trust has been actively attempting to rent
n a portion of the space that was vacant on March 5, 1995, and is currently vacant and has been vacant
since that time. During this period of time Mr. Adams was unable to rent the vacant space as a result
of being required to obtain a Board of Health (BOH) approval because a change in business use for
n a portion of the property would take place. Allegedly the BOH indicated that the existing SDS
system had failed and a new system would be required before any new tenant would be allowed. As
a result of this non approval action by the BOH several events occurred that has resulted in this case
becoming clouded and contentious. This report will address the clouding issues and identify the
problems and the solutions that will lead to a clear factual picture.
n APPLICABLE REGULATION
'u
The applicable regulations that govern the property at 1591 Osgood Avenue in North
n Andover,MA is identified as 310CMR 15.00. the State Environmental Code Title 5 with an effective
date of 3/31/95. Within these regulations the governing section if found under section 15.301 (5)
which is quoted verbatim hereinafter
n
"(5)A system shall be inspected upon any change in use or expansion of use of the facility served,
for which change or expansion a building permit or occupancy permit from the local building
n inspector is required. Unless the system is a cesspool,failing as set forth in 310 CMR 15.303 and
15.304(1), or a significant threat to public health, safety and the environment as set forth in 310 C
MR 15.304(2), upgrade of the system is not required if the system was designed to accept design
flows resulting from the change in use or expansion of use. Upgrades to accept increases in actual
`J or design flow to any cesspool or to any other system above the existing approved capacity shall be
in accordance with 310 CMR 15.352. Whenever an addition to an existing structure which changes
the footprint of a building with no increase in design flow is proposed, the system inspection shall
u be an assessment to determine the location of all system components, including the reserve area, in
n order to ensure that the propose construction will not be place upon any of the system components.
If official records are available to make a determination regarding location of system components,
an inspection is not required for footprint changes. "
n
The critical features of this requirement indicates that if a system is not a significant threat to
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Li public health, safety and the environment a system upgrade is not required and if the structures use
is changed significantly then the system must be verified to determine if the system will accept the
F1 new design flow. Also when no change in the system is required if the building footprint modification
does not increase the flow to the SDS system. Further the inspection required relates only to the
location and size of all system component including a reserve area.
n -
'L, Thus 310 CMR 15.00 indicates that in this case it is necessary only to evaluate the systems
capabilities and location of basic components including a reserve area when a change in use is
F-1 contemplated. This appears to be the same segment of the regulations identified by the North
Andover BOH in FAX correspondence sent to Mr. Adams on 4/28/97 by Mr. Gayton Osgood.
n This same correspondence by Mr. Osgood appears to indicate that articles 15.301(9),
� 15.302(1), 15.303(1)(a)5, and 15.305(1) are being enforced. This correspondence is not a request
by the BOH but appears to be a statement of their position within 310 CMR 15.00. This
n documentation appears to be informing Mr. Adams that they have the right to require an inspection
15.301(9), that the system is adequate to handle the new load 15.302(1), that the septic tank has
n
required pumping more than 4 times a year 15.303(1)(a)5 (The records indicate that no pumping took
place for 2 years and was not pumped 4 times in one year as alleged), and that the system is failing
to protect public health and safety and that the system must be upgraded within two years 15.305(1).
These factors as outlined appear to be what the local BOH is stating but the BOH has not officialized
this picture in writing except partially by the S. Starr letter of April 30, 1997, and a memorandum to
the Town Clerk dated May 7, 1997, denying a renewal of a permit by Sarah's Hawaiian Ice. Clearly
this paper trail is at the very least clouded.
In addition the aforementioned cloudy factors others have interjected structural problems with
n the septic tank, possibly high ground water conditions, soil mottling, surface water problems and .
Lj dangers to public health and safety. These factors further cloud the issue of the adequacy of the SDS
system. This report will address in a professional fashion all of the necessary data to adequately
n put this problem in a sound technical position.
EXISTING SDS SYSTEM
n
Li The site contains a one story wood frame structure that houses Jimmy's Famous Pizza and
some vacant space. To the right or southerly side and rear or easterly side exists a miniature golf
course. This segment of the land is shown in Figure 1. The structure housing Jimmy's Famous Pizza,
and the vacant space are serviced by an SDS system that contains a 2500 gallon septic tank with two
man holes and a 10 foot diameter leaching pit. The leaching pit lies directly under the concrete
walkway leading to the Nathan Hale School (in miniature on the 16' hole of the miniature golf
course). This location is also shown on the attached Figure 1. The locations of both units was
determined in the field with the leach pit being located by a magnetic probe and a small test hole
down the edge of the concrete walkway.
u
n Thus the capacity of the system is a 2500 gallon septic tank and a 10 foot diameter, 4 foot
deep leaching pit acting as the SAS.
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n � �It of SITE PLAN
� �E1591 OSGOOD ST., N.ANDOVER,MA. � Gi/690
�1 v, OWNER S.P.E.C.REALTY TRUST 71 7:Y7
OJ72 5212 8TH STREET
STEc.. CHARLESTOWN,MA,02129 1-0.26"-c va
n `�SroNAL E���1` MR.CHRISTOPHER ADAMS(TRUSTEE) .��AV Of,7o
97e-74A.1.P.Sa
Lj al 96 JUNE 2,1888 ROURE 1
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CAPACITY OF LEACHING PIT
n The capacity of the leaching pit is a direct function of the pits area and the permeability of the
L soil. In partial answers to this question of permeability of the in situ soil Benjamin C. Osgood of New
England Engineering Services, Inc. on 11/17/97 conducted a perc test that yielded a perc rate of 2
M min/inch. This is one of the very best and highest perc rates available. This translates into a
L; coefficient of permeability that is about 0.00069 fps (0.31 gpm) (449 gpd).
n, In addition from one of our test pits to be described later The writers obtained a soil sample
to the in situ soil. This sample was subjected to a simple sieve analysis. This yielded a Dlo particle
size of about 0.4 mm. This size was subjected to an analysis included as Appendix 1 which yielded
a coefficient of permeability of 0.00065 fps. Which translates into 2.1 min/inch. This provides
independent corroboration of the Osgood perc rate of the in situ soil. Clearly the perc rate identified
M by Osgood as 2 min per inch and the resulting permeability of 449gpd provides a sound value to
determine the absorption capacity of the leaching pit. The product of the area of the leaching pit base
and the permeability of the soil(449 gpd/so yields a flow capacity of the leaching pit as about 35000
gal/day. Thus the basic criteria that must be utilized to evaluate the capabilities of existing SDS j
system is a 2500 gal septic tank that is structurally sound and a 10 foot diameter leaching pit with a
disposal capacity of 35000 gal/day. This criteria is based upon field measurements substantial and
M confirmed technology that has provided a confirmed coefficient of permeability of the in situ soil.
EXISTING FLOW RATES
n
The water consumption for Jimmy's Famous Pizza based upon the past two years of water
supply records yields about 160 gpd. The vacant space will provide working space for about 10
F1 people maximum the T shirt manufacturing facility. This will provide an additional 300 gpd to the .
SDS system on the high side. Thus the design flow into the existing SDS system will be about 460
gpd. Clearly the existing septic tank is more than adequate as is the leaching pit to handle this load.
The leaching capacity of the leaching pit provides a flow factor safety that is about 72 to 1. Clearly
this value is very adequate.
n THE DATA TO THIS POINT CLEARLYDEMONSTRATES THAT THE EXISTING
SDS SYSTEM IS MORE THAN ADEQUATE TO MEET THE EXISTING AND PROPOSED
i USES OF THE PROPER TYAT 1591 OSGOOD STREET IN NORTH ANDOVER, MA.
EXISTING SOIL STRUCTURE
n
One of the key elements in this case is the existing soil structure that exists on and adjacent
to the site. The site at 1591 Osgood Street, is at the base of a substantial hill whose higher elevation
n is about elevation 230 dropping to an elevation of about 65 and is shown in Figure 2. The general
geology typified by the contours noted on the plan shown in Figure 2 combined with surficial biology
is indicative that the SPEC site contains relatively deep deposits of sands and gravels. Field
investigation of the cut in the rear of the property confirms a deep deposit of layered sands and
gravels.
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GENERAL TOPOGRAPHY
I nFILE GEWMPO GENERAL
Lj It OF TOPOGRAPHY 91k& & .V//mym�w
1691 OSGOOD ST., N.ANDOVER,MA. 7"'a&4vW oveya
OWNER S.P.E.C.REALTY TRUST 7dA 7-0.9 7117
3212 8TH STREET
CHARLESTOWN,MA,02129
L MR.CHRISTOPHER ADAMS(TRUSTEE)
JUNE 2,1998 FIGURE 2
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Two test pits were developed by B. Osgood on 11/17/97 and are shown in Figure 3. This
test pit clearly identifies deep layered deposits of sands and gravels. More important the Osgood test
pits clearly identify the fact no physical water table was located down to 8.5 feet below grade. The
reported mottling locating fictitious water will be treated later in this report.
Phalen& Allen also developed test pits in the area. This test pit is shown in Figure 4. This
test pit also reveals layered sands and gravels and locate a physical water table.
71 The site investigation revealed a layered condition of sands and gravels in which each layer
u has its own permeability rate. Clearly in this type of deposit each layer allows water percolate
vertically at different rates. Thus it is possible for some water in one layer to be moister than another.
This condition will develop a mottle condition but will not retain water in the form of trapped water.
Trapped water is the result of the permeability of a soil layer being smaller than the rainfall intensity.
n The relationship between a soils coefficient of permeability and the rainfall intensity is given by
k= 0.0000231i (1)
n
where k is the coefficient of permeability of the in situ soil in fps and i is the rainfall in inches per hour
iph. Analysis of rainfall statistics for this area indicates that for a 5 min duration the local rainfall
r, intensity will reach a maximum level of 10-12 iph for the 100 year storm. Placing 12 iph into
equation indicates that the soils required maximum coefficient of permeability would have to be
about 0.00023 fps. Previous work in this report indicates that the soil has a coefficient of
r-i permeability of 0.0006 fps. Clearly the existing soils on the site will pass water from the severest
storm and will not create a false water table
It should also be noted that a sprinkler system exists on the site and will in some areas provide
water that could create minor mottling in the upper the upper layers. This feature was found and
confirmed. This action however does not produce a water table within 2 feet of the sites surface as
indicated by Osgood.
u
Soil mottling is one of the techniques approved by the Mass. D.E.P. to make an estimate of
F1 the Estimated Seasonal High Ground Water(ESHGW). However the course that every certified soil
u evaluator must complete emphasizes that a combination of factors must be examined in determining
n
the ESHGW. In particular soil mottles can form by other mechanisms than a fluctuating water table.
The Mass. D.E.P. Sod evaluator course emphasizes in both classroom and fieldwork cases where
this can occur. One situation is in layered sand deposits, If a courser textured layer of sand is above
a finer textured layer of sand with a lower hydraulic conductivity then downward percolating water
will be slowed at the fine layer interface. If the flow reduction is great enough mottles of a "rust line'
ran form. This is a "top down"' process due to percolating waters and not a "bottom up" process
indicative of a fluctuating groundwater table. It is also not a perched water table since the water does
u
continue percolating downward through the finer sand layer. Another situation is just a layer of fine
sand. It can "hang up" percolating water flow enough to form Redoxymorphic features. As every
certified soil evaluator knows. the total information provided by the site must be used in determining
the ESHGW and not just the present of mottling.
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DRAFT
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0 Of OSGOOD TEST PIT DATA 91AZAa & .!Allen yf".6ted
ion
ri E,, `�' 1591 OSGOOD ST., N.ANDOVER,MA.
u ►�[�P/� y OWNER S.P.E.C.REALTY TRUST
3212 STH STREET
CHARLESTOWN,MA,02129
�S�ONALEEN�' MR.CHRISTOPHER ADAMS(TRUSTEE) `�`�91874�.t.8&74A °f306
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*1996 JUNE 2,1998 ROURE 3
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n FORM 11 -SOEL EVALUATOR FORM
Page 2 of 3
n, Location Address or Lot No. 1591 Osgood St., N.Andover
u
On-site Review
n
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L, Deep Hole Nuer Dste::v...3/31/98
mbTime: 10 AM weather clear
Location(identify on site plant
n land use .,..__,commercial. Slope 1%) 3 Surface Stones none
Vegetation ._.brass
h-j Landform ...:::..:_:. ,.... .:. ......
Position on landscape(sketch on the back)
n Distances from:
u
Open Water Body >500' feet Drainage way feet
Possible Wet Area >500' feet Property Line 60 feet
F'1
Drinking Water Wali >500' feet other
DEEP OBSERVATION HOLE LOG'
rl Depth from Soil Hor(son Soil Tomrs Sail Color Soil Othw
SuAaa Iinch") (USDA) (Munsell, Mottling (Structure,Stena,aoutden,Comme tr,9k
u Greveg
0-8" Fill .5YR3/2
Ll 8- 17" Bw Loamy 10YR7/6 none Massive,friable
Sand
n
17-30" C1 Fine 2.5Y6/4 none Massive,friable
Loamy
n Sand
30- 120" C2 Loamy 2.5Y8/1 none Massive, friable
Sand
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F1 wane moo"feaeloalol glacial Dep* unknown
u W1e11�9euomtlmts fRandrpwaMinftHob: none waspftmpaFege: none
Eesmaeed 8eaorrl►adi Ottred Wa1sr:
>120"
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aQAMOV0VOW-t>WM SOIL EVALUATOR: DAVID J. ALLEN
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H Of PSA TEST PIT 3 &
`� yG 4�uSe2e�'rue
E m 1591 OSGOOD ST.,N.ANDOVER, MA , ,r o�89a
�lr OWNER: S.P.E.C.REALTY TRUST
u 3212 8TH ST.
TR� 'c� CHARLESTOWN, MA 02129
FfS��NAL LNt; `` MR.CHRISTOPHER ADAMS(TRUSTEE)
► June 2, 1998 FIGURE 4 9JB J41-22567
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At the SPEC site there is such a restricting layer with a courser sand over a finer sand, Mr.
Osgood found stratified layers. Mr. David Allen found this at another location. Observation holes
were dug to 96" to 120". No water was observed. Yearly fluctuations in this kind of deposit will
typically be small unless it is in a bowl-tike depression were water will collect, The site is not in a
depression and the water table cannot be expected to fluctuate between 24" and 120". This points
n to any mottling found as being from a"top down" process and not indicative of ESHGW. In addition
to normally occurring rainfall, the miniature golf course on the site has a sprinkler system for the grass
which would add higher than -normal percolation and thus cause increased formation of mottles.
The previous work clearly demonstrates that the water table in the vicinity of the leaching pit
is at least 10 feet below the surface of the location of the leaching pit Thus the water table is at
r-� least 3 feet below the bottom of the leaching pit and further the water table is a non issue in this
case
THE PRIMARY QUESTION
u
M At this juncture it becomes very important to examine what is the primary problem in this
case. At some point a septic pumper apparently reported that the liquid level in the septic tank was
`J above the invert to the leaching pit. This apparently was sufficient to trigger a situation whereby the
r, BOH authorities have taken the position that the SDS system has failed, that the septic tank was
structurally deficient, a high ground water table existed, created the problems of a high liquid level
and a new SDS system is required. A brief discussion with the local BOH during this investigation
M indicated that these position were very firm.
Unfortunately no one from the BOH including the consultants for SPEC did not ask the
question, WHY? In this case , with the evidence presented thus far, indicates that the water table is
not a problem, that the percolation properties of the soil yield excellent permeability and that the
septic tank is structurally sound. This leaves one track as to the source of the problem. A simple
view of the inside of the septic tank did indicate a high liquid level with the surface of the liquid
containing an extemely thick layer of scum in the form of grease and fats. Subsequent pumping
revealed in addition to the thick scum on the surface and a very thick sediment to existed on the
bottom of the septic tank. This inspection also revealed that the effluent line from the septic tank to
the leaching pit was severely plugged with grease. The effluent line was then jetted and cleaned.
After this treatment the liquid level in the septic tank receded to the invert of the pipe leading to the
leaching pit. Once this was done the liquid lever in the septic tank remained static at the level of the
`J effluent. This has clearly demonstrated that the fundamental problem was a plugged effluent line.
Since the correction (pipe cleaning) the system is now operating properly.
`J TITLE 5 REPORT AND ANALYSIS
The title 5 report and analysis in this case is different from the conventional report in that the
report takes two forms namely that;
1. One report addresses the adequacy of the existing system to accommodate Jimmy's
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Famous Pizza and a new tenant and;
M 2. One report that is the classic 10 page Title 5 report addressing potential failure criteria.
This report is herewith attached as Addendum 2.
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M The work addresses these two conditions and clearly demonstrates that the existing SDS
system is adequate to handle the existing and future sanitary flow and that the classic Title 5 report
now does not reveal any deficiencies and falls into the pass category.
n
A RECOMMENDATION
7 The evidence in this case indicates that the primary culprit of the SDS problems is cooking'
and other grease and fats attributable to Jimmys Famous Pizza. This condition can be corrected by
requiring the pizza house to install a grease trap or separator on, maintaining the grease trap on a
n regular basis and at least once a week adding a biological liquid (acceptable under DEP criteria)to
control the excess fats.
n
CONCLUSION
n THE WORK CLEARLY DEMONSTRATES THAT THE EXISTING SDS SYSTEM
IS ADEQUATE TO HANDLE THE EXISTING AND FUTURE SANITARY FLOW AND
THAT THE CLASSIC TITLE 5 REPORT AND ANALYSIS FALLS INTO THE PASS
r CATEGORY.
n
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APPENDIX 1 _
n
DATE: 6/2/98
OWNER:S.P.E.C. Realty Trust. Mr. Christopher Adams (Trustee)
ADDRESS: 1591 Osgood Street
CITY/STATE: N. Andover, MA. 01845
r-� IN SITU SOIL DESIGN CRITERIA FOR THE DESIGN AND INSPECTION OF
Li SUBSURFACE SEWAGE DISPOSAL SYSTEMS AS RELATED TO THE
PERMEABILITY CHARACTERISTICS OF THE IN SITU SOIL
FI Page 1 of 3
L_, The successful analysis and/or design of any SAS is dependant upon the in situ soils
ability to allow water to flow through its soil structure. Fortunately this flow through ability
which is called the coefficient of permeability(hydraulic conductivity) is directly related to the
particle size of the soil and which has its foundation in solid time tested technology that is
incontrovertible ''2. Consequently the data presented herein is for the purpose of
r' demonstrating that the in situ soils are capable of handling the design flows developed in this
analysis. Initial analysis begins with sieve analysis of the in situ soil. Sieve analysis
r-�
information relates particle diameter from known sieve sizes to percent finer through
standards developed by various standard setting organization shown herein.',' The coefficient
Li of permeability is tied directly to particle size as demonstrated by recognized world wide
r , authorities such as Hazen s and Casagrande °, also shown in this section. The coefficient of
permeability (ks) of the soil is related to the 10% finer than size (Dla) also shown herein. r
`J Utilizing the ks vs D,o in a log-log plot, also shown herein, and utilizing techniques
r-, demonstrated by Phalen','yields the following relationship (see sheet 3 of this section),
U ks= 0.169(Dlof" (cros)= 0.0053(D 10)1.21 (fps) (1)
when D,o is in mm. ,
r-1 The sieve analysis data for the soils involved is shown hereinafter. Utilizing this
information yields the coefficient of permeability of the soil for this site as being 0.00065 fps.
The design flow rate as developed by utilizing water consumption records and design
`-1 criteria is given as 460 gpd (61.5 cfd) (q). The leaching field area (a) located in the field is
about 78.5 sf. The required coefficient of permeability (kR) can be computed (when the
hydraulic gradient is equal to unity as in a leach field) by the simple relationship
kR= (q/a)/(24z3600) (fps) (2)
In this case the computation yields kR = 9.1x10-6 fps
The coefficient of permeability of the soil (from page 3 ) is given by
n ks= 0.0053(D 10)2.29 (cros) (3)
In this case the coefficient of permeability of the soil is about 0.00065 fps and the ratio
of ks/kR is about 72/1.
The perc rate is given (see page 3) PR= 0.196(Dl0)-2.29 mpi or about 1.6 mpi.
These computations clearly demonstrate that the in situ soils are more than adequate
m to meet state and local regulations.
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`-' •G�'u�ae�iuv� .ft. .mit-et
�ura�iltrr,.�ir�.laa�isdcl� 07890 .S��,nr,..lCiiletl,� 07970
`—' .max• 6777.¢�7� .�a�•50�7/.7.�.�50
IN SITU SOIL DESIGN CRITERIA FOR THE DESIGN AND INSPECTION OF
SUBSURFACE SEWAGE DISPOSAL SYSTEMS AS RELATED TO THE
PERMEABILITY CHARACTERISTICS OF THE IN SITU SOIL
Page 2 of 3
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n
Gr tin size(mm)
100 10 1 0.1 0.)1 C.001 0.0001 10' Toe 10' 104 1c,
1__I cepa 0re,ea. be beige fl-myc.,1n me
Cwn GrFa canaaF•CeFn,•a `wrylweeaA ogaic re waeaue lmpenbuF'
ara ivyes ed.e+aeaecm4.t macs. xrb
day•,eiaMetlM•per•.e:.
n
Coeffk:lent of Permeability(k)(cmisec)
u
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For this case the Dlo size was found to be 0.4mm.
v
Continued on page 3
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FA &SO
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r, IN SITU SOIL DESIGN CRITERIA FOR THE DESIGN AND INSPECTION OF
SUBSURFACE SEWAGE DISPOSAL SYSTEMS AS RELATED TO THE
PERMEABILITY CHARACTERISTICS OF THE IN SITU SOIL
r-, Page 3 of 3
u
100
n
L' 10
n
n 'r
0.1
n
`i 0.01
n
'J 0.001
r-a
0.00001 0.0001 0.001 0.01 0.1 1
u COEFFICIENT OF PERMEABILITY (fps)
n
Analysis via log-log concepts leads to k= 0.169D10z.29(cros) =0.0053D10•z9 (fps). The vertical perc
rate(P)is definable by PR = 0.196(Dlo)-2.29 when corrected for the standard perc test diameter of 12
n inches and when Dlo and k are given in units of mm and cros respectively.
u
BIBLIOGRAPHY
1 Terzaghi,K,&Peck,R B.,"Soil Mechanics in Engineering Practice'John Wiley&Sons Inc.,New York,N.Y. 1948
Li 2 Holtz,R D. &Kovacks, W.D. "An introduction to Geotechnical Engineering"Prentice Hall,Englewood Cliffs N.
J.,1981
r-i 3.Hazen,A.,&Hardy,E.D.,"Works for Purification of the Water Supply of Washington,D.C."Trans of ASCE 1906
4.Casagrande,A.&Fadum,R E..'Notes on Soil Testing for Engineering Purposes",Harvard University Publication
no. 268, 1939/40
` 5 .Phalen,T.E.,Jr.,"Design and Analysis of Single Ply Roof Systems"Prentice Hall,Englewood Cliffs,N. J. 1993
6 .Phalen,T.E.,Jr.,&Allen,D.J.,"Mitigation of Downstream Flooding"Phalen and Allen Limited, Salem,MA. 1993
u
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APPENDIX 2
n
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
u ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
n
WILLIAM F. WELD TRUDY COXE
Governor Secretary
ARGEO PAUL CELLUCCI David B. STRUHS
r Lt. Governor
'-� SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
ri CERTIFICATION
Owner: 3.P.E.C. Realty Trust Mr Christopher Adams (Trustee), 3212 8°" Street, Charlestown, Ma 02129
u Property Address 1591 Osgood Street, n. Andover, Ma. 01845 (If Different)
Date of Inspection: 4/25/98
Name of Inspector: Prof. Thomas E. Phalen. Jr.
n I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 cam 15,000)
Company Name: Phalen & Allen Ltd.
u Mailing Address: 4 Eugene Drive. Winchester, MA 01890
Telephone Number: (617)729-7117 & (508)741-2250
n
u CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at this address and that the information
reported below is true, accurate and complete as of the time of inspection. The inspection
n was performed based on my training and experience in the proper function and maintenance
uof on site disposal sewage disposal systems. The system: ��te OFAI��
✓
Passes
SSMA y
E
Conditionally Passes
r ) At
Needs Further Evaluation By the Local Approving Authority 8171
u Fails 9Eb(S►(RE�
fsbMAL
n
Inspector's Signature: Date: 4/25/98
The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty (30)
u days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater,
the inspector and the system owner shall submit the report to the appropriate regional office of the Department of
n Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if
applicable, and the approving authority.
u INSPECTION SUMMARY; Check A, B, C, or D
r-) A) SYSTEM PASSES:
u * I have not found any information which indicates that the system violates any of the failure criteria as defined
in 310 CMR 15.303. Any failure criteria not evaluated are indicated below.
COMMENTS;
-) B) SYSTEM CONDITIONALLY PASSES:DNA
u One or more system components as described in the "Conditional Pass" section need to be replaced or repaired.
The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass.
Indicate yes, no, or not determined (Y, N or ND). Describe basis of determination in all instances. If "not
r-1 determined", explain who not.
The septic tank is metal, unless the owner or operator has provided the system inspector with a copy
u of a Certificate of Compliance (attached) indicating that the tank was installed within twenty (20)
years prior to the date of the inspection; or the septic tank, whether or not metal, is cracked,
structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent.
The system will pass inspection if the existing septic tank is replaced with a conforming septic tank
as approved by the Board of Health.
`J (Revised 04/25/97) Page 1 of 10
u
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SUBSURFACE SENAGI DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
u
Property Address: 1591 Osgood Street, N. Andover, MA. 01845
r,, Owner: S.P.E.C. Realty Trust Mr. Christopjer Adams (Trustee)
Date of Inspection: 6/2/98
v
B) SYSTEM CONDITIONALLY PASSES (continued)DNA
n Sewage backup or breakout or high static water level observed in the distribution Box is due to broken
or obstructed pipe(s) or due to a broken, settled or uneven distribution box. The system will pass
inspection if (with approval of the Board of Health).
Describe observations:
n Broken pipe(s) are replaced
Obstruction is removed
Distribution box is leveled or replaced
The system required pumping more than four times a year due to broken or obstructed pipe(s) The system
r � will pass inspection if (with the approval of the Board of Health) .
Broken pipe(s) ore replaced
u Obstruction is removed
r, C) FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: DNA
Conditions exist which require further evaluation by the Board of Health in order to determine if the system
is failing to protect the public health, safety and the environment.
n
1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER WHICH WILL
u PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT:
Cesspool or privy is within 50 feet of a surface water
Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh.
u 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT THE
SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT.
rl
The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a
u surface water supply or tributary to a surface water supply.
The system has a septic tank and soil absorption system and the SAS is within a Zone 1 of a public
water supply well.
n The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private
water supply well.
u The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet
or more from a private water supply well, unless a well water analysis for coliform bacteria and
volatile organic compounds indicates that the well is free from pollution from that facility and the
n presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm. Method used to
determine distance (Approximation not valid) .
u
3) OTHER
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
V-1 PART A
CERTIFICATION (continued)
u
Property Address: 1591 Osgood Street, N. Andover, MA. 01845
n Owner: S.P.E.C. Realty Trust Mr. Christopjer Adams (Trustee)
Date of Inspection: 6/2/98
u
D] SYSTEM FAILS:DNA (Questions are answered to demonstrate completeness of examination)
f-1 You must indicate wither "Yes" or "No" as to each of the following:
I have determined that the system violates one or more of the following failure criteria as defined in 310
u CMR 15.303. The basis for this determination is identified below. The Board of Health should be contacted
to determine what will be necessary to correct the failure.
Yes No
u ✓ Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool.
f-1 ✓ Discharge or ponding of effluent to the surface of the ground or surface waters due to an overload
or clogged SAS or cesspool.
u
✓ Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS
or cesspool.
✓ Liquid depth in cesspool is less than 6" below invert or available volume is less than 4 day flow.
U
✓ Required pumping more than 4 times in the last year NOT DUE TO CLOGGED OR OBSTRUCTED PIPE(S) .
�-1 Number of time pumped
u ✓ Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation.
✓ Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a
n surface water supply.
u ✓ Any portion of a cesspool or privy is within a Zone 1 of a public well.
✓ Any portion of a cesspool or privy is within 50 feet of a private water supply well.
G�
✓ Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water
u supply well with no acceptable water quality analysis. If the well has been analyzed to be
acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds,
ammonia nitrogen and nitrate nitrogen.
u E] LARGE SYSTEM FAILS:DNA
You must indicate either "Yes" or "No" as to each of the following:
The following criteria apply to large systems in addition to the criteria above.
f'1
The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is
u a significant threat to public health and safety and the environment because one or more of the following
conditions exist.
�1 Yes No
u
The system is within 400 feet of a surface drinking water supply
The system is within 200 feet of a tributary to a surface drinking water supply
P-1
The system is located in a nitrogen sensitive area (Interim Wellhead Protection Area - (WPA)or mapped
u Zone 11 of a public water supply well.
('1 The owner or operator of any such system shall bring the system and facility into full compliance with the
groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of
L+ the Department for further information.
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u (Revised 04/25/97 Page 3 of 10
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SUBSURFACE S=NA3E DISPOSAL SYSTEM INSPECTION FORM
n PART B
CHZCKLIST
u
rl Property Address: 1591 Osgood Street, N. Andover, MA. 01845
Owner: S.P.E.C. Realty Trust Mr. Christopjer Adams (Trustee)
LJ Date of Inspection: 6/2/98
Check if the following have been done. You must indicate either "Yes" or "No" as to each of the following:
u Yes No
n ✓ Pumping information was provided by the owner, occupant, or Board of Health.
'� ✓ None of the system components have been pumped for at least two weeks and the system has been
receiving normal flow rates during that period. Large volumes of water have not been introduced into
the system recently or as part of this inspection.
n
Na As built plans have been obtained and examined. Note if they are not available with N.A.
u
✓ The facility or dwelling was inspected for sign of sewage back-up.
n ✓ The system does not receive non-sanitary or industrial waste flow.
u ✓ The site was inspected for signs of breakout.
n ✓ All system components, excluding the Soil Absorption System, have been located on the site.
✓ The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected
for condition of baffles or tees, material of construction, dimensions, depth of liquid, depth of
sludge, depth of scum.
rl
The size and location of the Soil Absorption System on the site has been determined based on.
u Na The facility owner (and occupants, if different from owner) were provided with information on the
proper maintenance of the Sub-Surface Disposal System.
n Na Existing information. Ex Plan at B.O.H.
Li ✓ Determined in the field (if any of the failure criteria related to Part C is at issue, approximation
of distance is unacceptable (15.302(3) (b) ) .
n
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In
u (Revised 04/25/97 Part 4 of 10
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
_rI PART C
SYSTEM INFORMATION
u
Property Address: 1391 Osgood Street, N. Andover, MA. 01843
n Owner: S.P.B.C. Realty Trust Mr. Christopjer Adams (Trustee)
Date of Inspection: 6/2/98
u
n FLOW CONDITIONS
RESIDENTIAL:NA
u Design flow G.p.d./bedroom for S.A.S.
Number of bedrooms:
Number of current residents:_
Garbage grinder (yes or no): no
u Laundry connected to system (yes or no):
Seasonal use (yes or no) :_
Water meter reading, if available (last two (2) year usage (gpd):
rl Sump Pump (yes or no) :_
u
Last date of occupancy:_
n
COMMERCIAL/INDUSTRIAL; DNA
u Type of establishment: PIZZA ESTABLISHMENT 6 T SHIRT MANUFACTURING
Design flow: 460 Gallons/day
n Grease trap present: (yes or no) NO
Industrial waste Holding Tank present: (yes or no) NO
u Non-sanitary waste discharged to the Title 5 system: (yes or no) NO
Water meter readings, if available 160 GPD
n Last date of occupancy: OCCUPPIED
u OTHER: (Describe)DNA
Last date of occupancy: OCCUPPIED BY Pizza establishment
f, GENERAL INFORMATION
PUMPING RECORDS and source of information:
u
System pumped as part of inspection: (yes or no) yes
n If yes volume pumped: 2500 Gallons
Reason for pumping: Inspection
u
TYPE OF SYSTEM
✓ Septic tank/distribution box/soil absorption system is a leaching pit
n Single cesspool &
Overflow cesspool
LJ Privy
Shared system (yes or no) (if yes, attach previous inspection records, if any)
-� 1/A Technology etc. Copy of up to date contract?
Other
u
APPROXIMATE AGE OF ALL COMPONENTS, DATE INSTALLED (IF KNOWN) AND SOURCE OF INFORMATION:
n 25 years Owner
Sewage odors detected when arriving at the site: (yes or no) NO
n
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L-J (Revised 04/23/97) Page 3 of 10
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
n PART C
u SYSTEM INFORMATION (CONTINUED)
n Property Address: 1591 Osgood Street, N. Andover, MA. 01845
Owner: S.P.E.C. Realty Trust Mr. Christopjer Adams (Trustee)
u Date of Inspection: 6/2/98
BUILDING SEWER: To Septic Tank or Cesspool ✓
nl (Locate on site plan)
IU Depth below grade: To too of tanks 2'
Material of construction: ✓ Cast iron 40 PVC Other (explain)Concrete block
n Distance from private water supply well or suction line None found
u Diameter 4"
Comments: (condition of joints, venting, evidence of leakage, etc.)All of system components were sound and in tact,
block joints were proper and exterior stone in place, no evidence of leakage,
SEPTIC TANK: DNA
(locate on site plan)
n Depth below grade:
Material of construction: ✓ Concrete Metal Fiberglass Polyethylene Other (explain)
Li If tank is metal, list age Is age confirmed by Certificate of Compliance (Yes/No)
n Dimensions: 12x5x6
Sludge depth: 6"
'u Distance from top of sludge to bottom of outlet tee or baffle: 4'
Scum thickness: 1"
Distance from top of scum to top of outlet tee or baffle:_6"
M Distance from bottom of scum to bottom of outlet tee or baffle12"
How dimensions were determined: Field
u
Comments:
�, (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to
outlet invert, structural integrity, evidence of leakage, etc.)Tank is structurally sound, no leaks. Prior to
u cleaning outlet tee was covered with grease. System was cleaned and liquid levels were at proper level.
M
GREASE TRAP: _DNA_
u (Locate on site plan)
Depth below grade
f-1 Material of construction: Concrete Metal Fiberglass Polyethylene_ Other(explain) )
u Dimensions:
Scum thickness:
Distance from top of scum to top of outlet tee or baffle:
Distance from bottom of scum to bottom of outlet tee or baffle:
u Date of last pumping:
Comments:
(recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to
outlet invert, structural integrity, evidence of leakage, etc.)
u
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LJ (Revised 04/25/97) Page 6 of 10
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Li
SUBSURFACE SEWAGZ DISPOSAL SYSTEM INSPECTION FORM
PART C
r-1 SYSTEM INFORMATION (continued)
v
n Property Address: 1591 Osgood Street, N. Andover, MA. 01845
Owner: S.P.E.C. Realty Trust Mr. Christcpjer Adams (Trustee)
Date of Inspection: 6/2/98
TIGHT OR HOLDING TANK; DNA (Tank must be pumped prior to, or at time, of inspection)
n (locate on site plan)
LJ Depth below grade:
Material of construction: Concrete metal Fiberglass Polyethylene Other(explain)
n
u
Dimensions:
Capacity: Gallons
r"1 Design flow: Gallons/day
Alarm level: Alarm in working order Yes No
u Date of previous pumping:
Comments:
n (condition of inlet tee, condition of alarm and float switches, etc.)
U
n
U DISTRIBUTION BOX: DNA
(LOCATE ON SITE PLAN)
n
Depth of liquid level above outlet invert:
Li
Comments:
(note if level and distribution is equal, evidence of solids carryover, evidence of leakage into or out of Box, etc.)
u
r-1
u PUMP CHAMBER: DNA
(LOCATE ON SITE PLAN)
n
Pumps in working order: (Yes or No)
u Alarms in working order (Yes or No)
Comments:
n (note condition of pump chamber, condition of pumps and appurtenances, etc.)
u
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n
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u (Revised 04/25/97 Page 7 of 10
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SUBSURFACE SZWAGB DISPOSAL SYSTEM INSPECTION FORM
n PART C
SYSTEM INFORMATION (continues
u
n Property Address: 1591 Osgood Street, N. Andover, MA. 01845
Owner: S.P.E.C. Realty Trust Mr. Christopjer Adams (Trustee)
u Date of Inspection: 6/2/98
n SOIL ABSORPTION SYSTEM (SAS) :
(Locate on site plan, if possible, excavation not required, but may be approximated by non-intrusive methods).
u If not determined to be
present, explain:
n
u Type:
leaching pits, number: ✓
r1 Leaching chambers, number:
Leaching galleries, number:
u Leaching trenches, number, length:
Leaching fields, number, dimensions:
n Overflow cesspool, number:
Alternative system:
Name of Technology:
u
Comments:
r7 (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.)
No hydraulic failure, no Ponding, and no unusual vegetation grass is sparse in area. Test pit in near proximity
u revealed no lateral flow from system and no water at 10 feet.
n
u CESSPOOLS: NA
(locate on site plan)
Number and configuration:
Depth-top of liquid to inlet invert:
Depth of solids layer:
Depth of scum layer:
-� Dimensions of cesspool:
Materials of construction:
u Indication of groundwater:
Inflow (cesspool must be pumped as part of inspection) 350 and 250 gallons
n
u Comments:
(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc. )
r)
PRIVY: DNA
r1 (Locate on site plan)
u Materials of construction Dimensions:
Depth of solids:
Comments:
f1 (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.)
u
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G'7
L-1
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SUBSURFACE SZRWZ DISPOSAL SYSTEM INSPECTION FORM
PART C
n SYSTEM INFORMATION (continued)
u
n Property Address: 1591 Osgood Street, N. Andover, MA. 01845
Owner: S.P.E.C. Realty Trust Mr. Christcpjer Adams (Trustee)
u Date of Inspection: 6/2/98
n SXBTCH OF SEWAGE DISPOSAL SYSTEM:
INCLUDE TIES TO AT LEAST TWO PERMANENT REFERENCES LANDMARKS OR BENCHMARKS
�-► LOCATE ALL WELL WITHIN 100' (Locate where public water supply comes into house)
n
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SEE ATTACHED PLANS Figure A
n
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(Revised 04/25/97 Page 9 of 10
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SUBSURFACE SXNAOE DISPOSAL SYSTEM INSPECTION FORM
PART C
n SYSTEM INFORMATION (continued)
`►
Property Address: 30 Orchard Drive, Hamilton, MA. 01982
n Owner: MR. Dennis Dolan
Date of Inspection: 4/25/98
Depth to Groundwater >10 Feet based on test pits and data below
n
Please indicate all the methods used to determine High Groundwater Elevation
u
Obtained from Design Plans on record
n ✓ Observation of Site (Abutting property, observation hole, basement sump etc. )
`—� ✓ Determine it from local conditions
f^ Check with local Board of health
�► ✓ Check FEMA Maps
Check pumping records
n
✓ Check local excavators, installers
v
✓ Use USGS Data
r1
Describe in your own words how you established the High Groundwater Elevation. (Must be complete)
u
Water table on site was determined by test pit on site and adjacent property as well as water surface some 400' away
r7 AND downhill from site. Inspection clearly demonstrates zero contamination. See attached plans.
n
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f-1
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CONC.WALKLi
•�
2500 GAL UNDER COURSE
n
Li
n
2500 GAL.SEPTIC TANK
n
`-' 19' 22.9'
n O
LIGHT POLE
n 4~
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u
n ASH� Of , SDS LOCUS PLAN
u
E, `" 1591 OSGOOD ST., N.ANDOVER,MA. ' ' ' v�a9v
u �E
4272
OWNER S.P.E.C.REALTY TRUST 7a�7�sj��J
5212 8TH STREET
"E 4 1 CHARLESTOWN,MA,02129
F) AL MR.CHRISTOPHER ADAMS(TRUSTEE)
L-j 1996 JUNE 2,1998 FIGURE A
F1
n
U
� II `�Guv�„�tu;..l�a��ae��el.1� D7d9D �w,�.�m,.�aelae�u,�elte 07970
Lf ✓G�1/�ostu J67 Jl¢J77Jarzu 9J,97.G7 P�50
L,
n Property Address: 1591 Osgood Street, N. Andover, MA. 01845
Owner: S.P.S.C. Realty Trust Mr. Christopjer Adams (Trustee)
U Date of Inspection: 6/2/98
n
U
THE MATERIAL CONTAINED HEREIN IS THE
F1 SOLE PROPERTY OF THE AUTHOR(S),
'L, OWNER(S) AND MAY NOT BE REPRODUCED
UNDER ANY CIRCUMSTANCES WITHOUT THE
n WRITTEN CONSENT OF THE AUTHOR(S) AND
L OWNER(S) EXCEPT FOR RULES PERTAINING TO
PUBLIC DOCUMENTS,BECAUSE THE SYSTEM AS.
DESIGNED AND INSTALLED IS A SINGLY
F) DESIGNED SYSTEM FOR A PARTICULAR
L LOCATION AND PARTICULAR FIELD
CONDITIONS PECULIAR TO THIS LOCATION
n ONLY. ANY AND ALL OTHER INSTALLATIONS
ARE EXCLUDED AND MUST BE HANDLED ON
AN INDIVIDUAL BASIS AND BE APPROVED BY
n THE APPROPRIATE BOARD OF HEALTH AND/OR
APPROPRIATE APPROVING AGENCY.
THIS REPORT IS A FACTUAL REPRESENTATION
OF THE CONDITIONS OF THIS SYSTEM AS OF
THE DATE OF THIS REPORT,HOWEVER,DUE TO
THE LARGE VARIABILITY INVOLVED IN ALL OF
n THE NATURAL FACTORS INVOLVED IN
U SUBSURFACE SEWAGE DISPOSAL SYSTEMS
THE ISSUANCE OF THIS CERTIFICATE SHALL
n NOT BE CONSTRUED AS GUARANTEE THAT
THE SYSTEM WILL CONTINUE FUNCTION IN A
Li SATISFACTORY MANNER FROM THE DATE OF
THIS REPORT.
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