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Miscellaneous - 1591 OSGOOD STREET 4/30/2018 (6)
e�Z—v Nkmandum To: Bob Halpin, Town Manager CC: Wm. Scott, Dir. CD&S BOH From: Sandra Starr, Health or Date: April 28, 1997 Re: 1591 Osgood Street Septic System Inspection The Health Department and the Board of Health has been dealing with Mr. Chris Adams for some weeks now about his property at 1591 Osgood Street. He wishes to rent a currently-vacant portion of his building. In order to do this, since the site is on septic and there is a proposed change of use, the system, according to Title 5, needs to be inspected. Mr. Adams has been and continues to be diametrically opposed to the inspection of his system. From this I can only infer that he suspects, or, worse, knows, the system is in failure. I have brought the issure to the Board of Health and they concur with me; the system needs to be inspected. He is currently making threatening noises about lawyers, etc. so I thought it might be prudent to fill you in by sending you the entire file of correspondence for reference. I had another meeting with him this morning and reiterated that the system needed inspection. 1 Town of North Andover, o;, s, O OFFICE OF 3? , , 0 COMMUNITY DEVELOPMENT AND SERVICES 0 146 Main Street North Andover,Massachusetts 01845 WMLIAM J.SCOTT S34cNUS Director April 24, 1997 S.P.E.C Realty Trust Chris Adams 3212 8th Street Charlestown, MA 02129 Dear Mr. Adams: To reiterate the telephone message I left on your answering machine on April 24, 1997 and the previous correspondence sent you including a copy of the pertinent section of Title 5: when there is a change of use for a facility on an individual septic system, the system must be inspected to determine whether it is functioning properly and whether it is properly sized for the flow rate resulting from the change in use. In order to move ahead'with your plans, please simply have your septic system inspected. It can be done with no disruption to the property. Sincerely,— j-"� !) "It) Sandra Starr, R.S. Health Administrator Cc: . R. Halpin, Town Manager W. Scott, Dir. CD&S BOH File FY*.ARDOF °. rr 1,' 7 6^='.-9`'d MT-DING 68&-,^54: CONSEV111.70: "-1 33?1 HEALTH 688-9540 Pi.j:;'Y.w i f°2 9`1_` !OF N.s�R?H ANDOVER/ tf�' BOAiID OF VE-o-c APR 1 1997 3212 8th Street Charlestown , Ma. 02129 A ri, 1? , 1997 Sandra Starr Health Administrator North AndoveL , Ma , O184E. Dear Sandy ; We have ••beets informed by Deleres Royale d/b/a Actur ' s W ;,Jr:�':'=ol? , ( our proposed tenant ) that she r�i : l occupy rental space= ire arluti,rr location if we cannot lease our property to her by May 1 , 1997 , Y do not want to bore you with oui; financial problems but t-,:is property has not been rented for 3 1/2 of the last 4 1/2 year:; . Finding tenants has not been easy and new state/ town regulat. ori;' , i . e. Title 5 septic tank inspection, have not made-, it any eaa: ci , There are no guarantees for entrepreneurs . InsuraocH. , l ,ceasi.r� fees , planning board review fees , personal prcper:.y tares , ani ; eal estate taxes must be paid regardless of profitability . We are in our thirtieth year of paying tastes on this property . Thi; year , we are assessed an increase of over $700 . 00 on out L "cal estate tax . We fail to see any justification in this inc:rra:5e without additional service provided. Concerning our immediate issue, bringing town sewerage to the at ta would be the permanent solution . 4.ut,ely after over thirty yea:1L Of paying taxes , North Andover ' s largest tax payer L',.icerit ..eclliio' ( formerly A.T . & T . ) as well as other manufacturers and busiriu,sl_lez across the street deserve at least this basic service . We voluntarily made attempts to alleviate and improve: aur :Jc` t.i : system by raising the septic tank covers by six iriches and trrr�i `.=ed behind the building where we filled in with crushed stone: . Ti7ese measures improved the overall function of septic system a:id the+ leaching field is absOL'birlg and functioning well as intended , evidenced by its current history . I recall that you 1Z.old me that pumping our septic tan;t twa or thj:ee times a yeav was acceptable. It has been sevez�Lrcn ( 17 ) rtor,'ths since the necessity to pump our system -- evidenced Ly 18ate•son' .s report which is in your posses; :icn. Last pumping date i%/ 29�' 9� . There must be some l4ti.tude for common sense in triose law. . Time necessitates your immediate response . sincerely , e-�r Christopher V . Adams , Mgr . S . P .E . C. Realty Trust cc Robert. Halpin, Town Manager North Endeavor . Atty . Joseph Spina.11e 1212 a Street =hailestown, Ma , 0212: April 14 , 1997 Sandra Starr R . 3 , i�eCait 17 Administrator . North 1n over , 'Ma . 01845 Deal. "ands , Thank you for your letter of March 14 , 1997 , "concerning efforts to det"-rmine our septic tank status and letter from Susan Ford requesting pumping reports on the septic tank system as a whole" , (as well correspondence which occurred in 1994 and 1995 ) . You _ st.ar,ed "there was no response from any agency to this request" . .Dn Ma::h 6 , 1995 we sent you a certified letter stating that %,maly ' s Famous Pizza along with Andover Septic Pumpers Inc. created a problem for us . Jimmy made false allegations that we were having septic tank system problems regiA-ring by/weekly pumping . They could riot prove their allegations - in the farm of pumping statements or cancelled checks , Jimmy tried every way he could to keep Kravens Deli/Bakery from opening because he did not want what he thought would be competition. The lease protected -Jimmy by restricting Kravens from selling pizzas , fried foods , grilled foods , and sandwiches. on torpedo rolls . Kravens business never effected him. Food courts bring more people and increases bi.Ainess for evez,yone . We dismissed Andcver Septic Pumpers Inc . and our tenant Jimmy ' s Famous Pizza was instructed that r: x the alter of reconstruc;t.ion of an existing structure or use wa not have a significant impact" . The actors workshop would down grade our use from a pre appr. ov,�rl food operation' to .a limited educational facility . This use will significantly reduce the burden to the septic system - no grease- and less water usage , We therefore ask you to reconsider asci request an exception. Digging up the "D" Box which is somewhere under the miniature course would destroy ourproperty and ruin our- busi:7es:; at a ti.rrf when it ' s economically or, a down turn. Please advise a , s . a . p . Thank you . Sincerely , Christopher V . Adams , S . P.E. C. Realty Trust Mgr . P . S. I realize that Title S has caused much anxiety. I under:_ `and also that you have a job to do . My frustration , Ln 1rc way , was or is intended to be pers=al . cc Dede Royale, Actors Workshop r Robert Niceta, Building Inspec:t.or- Robert Halpin, Town Manager Town of North Andover NORTIy 'OFFICE OFo?o,,"•' •�tio 0 COMMUNITY DEVELOPMENT AND SERVICES . 146 Main Street North Andover,Massachusetts 01845 1s'",Arm A••`�5 WII,I,IAM J.SCOTT cwuse� 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 7t' 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. f3O?A Ta(W,4PPEAIS 6RP-QSa� FL?[IL?TI�!n rsRB-954 CC3I�RF1F�7e rrn*. �q .,c�c�n ?IFAT_,TZI 68$-9f!(I P*.,ATT? 688-911" 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 4 Enclosure(s) c: Wm. Scott, Director CD & S Sandra Starr, Health Administrator Christopher Adams, Trustee Town of North Andover HORTN f , OFFICE OF ?° • +00 3 ... L COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH K MAHONY North Andover, Massachusetts 01845 "SSACHUSEt. Director (508) 688-9533 . June 8, 1995 S.P.E.C. Christopher Adams, Trustee 3121 Eighth Street Charlestown, MA 02129 RE: 1591/1593 Osgood Street, North Andover .Dear Mr. Adams: This letter is a follow-up to the agreement which allowed the permit issuance to Kraven's Bakery. Condition number three from the agreement letter dated, December 16t, 1994 states that, " The septic system and this agreement will be evaluated in June 1995 if not before to determine whether the monitoring of the septic system : must continue, whether the system requires repair, or whether this agreement may be dispensed with. " To accurately address this issue, a complete status report from your septic pumper, must be submitted to this office. This report should include, but not be limited to, copies of pumping records including any comments noted. Response to this request will be expected within seven (7) days after receipt of this letter. If you have any questions, please call the Health Department at 688-9540. Thank you for your cooperation in this matter. Sincerbly, S/san Ford Environmental/ Health Insp. SYF/cjp BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Patrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Ot p0RTiq �? °A BOARD OF HEALTHy 120 MAIN STREET TEL. 682-6483 cMuSE� NORTH ANDOVER, MASS. 01845 Ext23 December 16, 1994 Edward Doyle Andover Septic Pump, Inc. 12 Dale Street Andover, MA 01810 Dear Mr. Doyle: On December 14 , 1994 I called your office at 475-2593 and requested that the last two years of pumping records for 1591 Osgood Street, North Andover be sent to the North Andover Board of Health. The woman to whom I spoke took my name and address and stated that they would be sent. The request was made because of the assertion made by one of your employees named Dave who stated that he has been pumping the septic tank at 1591 Osgood .Street, North Andover for years, th4t the system is in failure. He stated that every time he has pumped it recently there has been leachfield runback which pours back into the septic tank from the outlet. Because we are trying to determine whether the system can accept an additional flow, we must investigate statements of this kind. Being in the business, I am sure you understand the situation. I would appreciate it if you could send me any pumping information you have on this site as soon as possible so we can settle this. Thank you. Sincerely, Sandra Starr, R.S . Health Administrator cc: G. Perna, Dir. DPW, Acting Dir. PCD BOH File gORTir ^� ot,"10 sBOARD OF HEALTH � n 0 9 ♦ s 120 MAIN STREET TEL. 682-6483 �,SSACMUS�S�y NORTH ANDOVER, MASS. 01845 Ext23 December 16, 1994 S.P.E.C. Realty Trust Christopher Adams, Trustee 3121 Eighth Street Charlestown, MA 02129 RE: 1591/1593 Osgood Street, North Andover Dear Mr. Adams: This letter is a followup and clarification of our telephone discussion earlier today concerning the septic system at the above site. 1- The Board of Health requests a written document from you or your attorney stating that the septic tank - at 1591/1593 Osgood . Street will be monitored and inspected monthly. You stated that you will be hiring Stewart' s Septic Service to service and maintain the system; they should be informed of the requirement to inspect the system on a monthly basis and send a report to the Board of Health. 2- The Board of Health will permit Kravin' s Bakery to open and operate on the condition that the septic system continues to function properly. Any indication of septic system failure will require you to repair the system as needed immediately. 3- The septic system and this agreement will be evaluated in June 1995 if not before to determine whether the monitoring of the septic system must continue, whether the system requires repair, or whether this agreement may be dispensed with. If you have any questions, please call the Board of Health office at the above number. Sincerely, Sandra Starr, R.S . Health Administrator cc: G. Perna, Dir. DPW, Acting Dir. PCD S. Dalton D. Dougaridis BOH pORTIy ° BOARD OF HEALTH 0. ,' 4 120 MAIN STREET TEL. 682-6483 SA NORTH ANDOVER, MASS. 01845 Ext23 �scNustit December 6, 1994 S.P.E.C. Realty Trust Christopher Adams, TR 3212 Eighth Street Charlestown, MA 02129 RE: 1591 Osgood Street, North Andover Dear Mr. Adams: According to the licensed septic pumper which services Jimmy's Pizza at 1591 Osgood Street, North Andover there has been leachfield runback into the septic tank on numerous occasions when the tank has been served. He has stated that the runback has invariably come from the outlet of the tank, thereby indicating that the leach area is overfull and is not disposing of the effluent as intended. This is strongly indicative of a failure of the leaching area. Because of this situation it is not possible to increase the amount of flow into the septic system; this therefore eliminates the ability of Kravin's Deli to tie-in to the septic system at this time. 1 Because the leaching area appears to be malfunctioning, the area must be excavated and inspected by a North Andover licensed septic installer to determine the cause of the backflow problems. A report on this investigation must be filed with the North Andover Board of Health. Until this is accomplished, the existing septic tank must be pumped periodically as necessary and inspected annually. If you have any questions, please call the Board of Health office at the above number. Sincerely, Sandra Starr, R.S. Health Administrator cc: S. Dalton D. Pougaridis J. Gordon, Town Manager G. Perna, Dir. DPW, Acting Dir. PCD File C� ANDD SEPTIC PwUMPER$ FP, OM THIS BiLL , 'a : �t.;��, si CustomerName: 4. k P.O. Box 4173 B Station Service Location: j`, / /� Andover, MA 01810 Phone: / / (508) 475-2593 Co^tac`•' Professional Septic & Drain Billing Address: Locally Owned and Operated City: - Zip: Emergency 24 Hr. Svc. —7 Days Special Instructions C?--C--ornpleted 10 Incomplete Reason: Per. AM/PM Services Rendered Vacuum Pumping Observations Drain Cleaning Septic Tank ❑ Good Condition ❑ Main Line ❑ Drywepeechffeld Runback C1 Toilet Bowl C1 Leech Pit/Overflow Riding High C3 Kitchen Sink ElD-Box (liquid level) ❑ Bathtub/Shower Cl Pump Chamber ❑ Full to Cover ❑ Vanity ❑ Grease Trap ❑ Excessive Solids C1 Roar Drain ❑ Catch Basin Top/Bottom ❑ Yard Drain ❑ Portable Toilet ❑ Use No Powdered Soap ❑ Vent ` ❑ Other ❑ Heavy Grease ❑ Sewer Jet Qty: ❑ Roots ❑ Other Size: ❑ Suggest Electric Footage: ❑ Under 1000 gallons ❑ 1000 gallons ❑ 1500 gallons Rootering ❑ 2000 gallons ❑ 3000 gallons ❑ rns ElVanCalled ❑ 5000 gallons C3 other / r i Misc. ❑Digging Charge C1 Backhoe hm ❑ Inspection ❑ Location ❑ Consultation ❑ Certification: P/F ❑ Service Call ❑ Estimate Reason: ❑ Labor ❑ Portable Toilet Rental ❑ Pump Repair ❑ Waiting Time ❑ Baffle ❑ Repair ' Digging Charge Is Per Driver ❑ Chemical Treatment Discretion ❑ Other Description of Work Recommendations Terms of Payment Parts Vacuum Pumping Drain Cleaning NET 15 DAYS �l Tax Yr. Month Yr. Month Discount TrTts,& Conditions ❑ Cash ❑ CheckCredit Total r �/ 1. No responsible for damage yond curb line. f3. t 59G per month will be dtarged to accounts past due.AI omplaints shall be repo�1 ed within 48 hours. purchaser agrees to pay ail cost of,collecctieon. �+l!n0Arsinnne�agree to terrrl8 a (t,ltlona., Customer Signature Serviceman _/ —�- 7 ANDOVER R 7or : w. Customer Name: 'tf P.O. Box 4173 B Station Service Location: 1k Andover, MA 01810 Zw. Phone: i ' (508) 475-2593 Conte Professional Septic & Drain Billing Address: Locally Owned and Operated City: Zip: Emergency 24 Hr. Svc. —7 Days Special Instructions `6cQhpleted �C3 Incomplete Reason: Per: AM/PM Services Rendered Vacuum Pumping Observations Drain Cleaning ptic Tank C3Good Condition C3 Main Line ❑ D ell " eechfield Runback ❑ Toilet Bowl ❑ Leech Pit/Overflow Riding High ❑ IGtchen Sink ❑ D-Box (liquid level) ❑ Bathtub/Shower ❑ Pump Chamber ❑ Full to Cover ❑ Vanity ❑ Grease Trap Excessive Solids r ❑ Floor Drain ❑ Catch Basin Top/Bottom ❑ Yard Drain C1 Use No Powdered Soap . C1 Portable Toilet ❑ Vent ❑ Other K Heavy Grease ❑ Sewer Jet Oty: ❑ Roots ❑ Other Size: /-" ❑ Suggest Electric Footage: ❑ Under 1000 gallons ❑ )000 gallons C11500 gallons RooteringS, Q© ❑ 2000 gallons ❑ 3000 gallons C34000 gallons r❑-t�#allecl [15000 gallons then Misc. ❑ Digging Charge ❑ Backhoe hm ❑ Inspection ❑ Location ❑ Consultation ❑ Certification: P/F ❑ Service Call ❑ Estimate Reason: ❑ Labor ❑ Portable Toilet Rental ❑ Pump Repair ❑ Waiting Time ❑ Baffle ❑ Repair Digging Charge Is Per Driver ❑ Chemical Treatment Discretion ❑ Other Description of Work / vq- Recommendations �q - Tqmrs of Pay ent Parts a' Vacuum Pumping /Drain Cleaning Yr. Month Yr. Month NET 15 DAYS Tax Discount Terms & Conditions ❑ Cash ❑ Check Credit Total _ h. NO responsible for damage beyond curb line. 1.S%per month will be charged to accounts past due. 2. Atl complaints shag.be reoorted within 48 hours. 4 The purchaser agrees to pay all cost of collection• uside'Sienerf ar7rsmo trw all t*%mP an;Acanfff" S. Customer Signaturwy..,t--ti�>:/Yf 4 4 ' -Serviceman ' • 31004R. DEPARTMENT OF IrNTRpN���,-TAL pROTECTIO\, 15-301: continued a nominee trust situation,whoever has authority to add a new beneficiary is responsible for the inspection. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (4) Exclusions. Inspection of a system is not required at the time of transfer of title of the facility served-by the system in the following circumstances: (a) a certificate of compliance for the system has been issued by the approvin authori within two years prior to the time of transfer; or g ty (b) the owner of the facility or the person acquiring title has signed an enforceable agreement with the approving authority to upgrade the system or to connect the facility to a Mary sewer or a shared system within the nexttwo years followin the provided that such agreement has been disclosed to and is binding the the ubsequent r of title, owner(s);or (c) the facility is,subject to a comprehensive local plan of on-site septic system inspection approved in writing by the Department and administered by a local or regional governmental entity, and the system has been inspected at the most recent time required by the plan, A comprehensive local plan may prioritize systems to be to water resources, soil or geological conditions, age inspected on-the f s basis of proximity story of Performance,frequency of pumping or other routine maintenance activity or othe relevant factors, and may establish different schedules and frequency of inspection on the basis of such criteria, provided that all systems are inspected at least once every seven years by a System Inspector approved by the Department. (5) A system shall be inspected upon any change in use or served, for which change or expansion a building permit or occupancyon e�a of the facility local building inspector is required. Unless the system is a cesspool,failing as 15-303set forth in 3 Ofrom eCMR 15.303 and 15.304(1),ora significant threat to public health,safety and the environment as set forth in 310 CMR 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 increases in actual or design flow to any cesspool or to any other system aboveteexisttng \ approved capacity shall be in accordance with 310 CMR 15.352. Whenever an addition to an y existing structure which changes the footprint of a building with no increase in design flow is proposed, the system inspection shall be an assessment to determine the location of all system components, including the reserve area,in order to ensure that the proposed construction will not be placed 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. (6) Systems with a design flow of 10,000 gallons per day or more at full build out shall be inspected by December 1, 1996 in accordance with the provisions of 310 CMR 15.006 (transition rules) and the applicable provisions of 310 CMR 15.300 through 15.354. Such systems shall be reinspected at least once every three years thereafter. (7) Shared systems shall be inspected annually. (8) When a facility is divided or the ownership of two or more facilities is combined specified in 310 CMR 15.010(2)or (3), all systems serving the facility or facilities shall be as inspected. (9) All systems shall be inspected when the owner or operator thereof is ordered to do so by the local approving authority,the Department or court. (10) The results of any inspection(s)required by 310 CMR 15.301 shall be submitted to the approving authority on a System Inspection Form approved by the Department within 30 days of the inspection by the approved System Inspector, provided that this sentence shall not be construed to require the owner of a system or a System Inspector to submit to the approving authority the results of a voluntary assessment of the condition of a system that is not performed to comply with a requirement of 310 CMR 15.301. Any system determined to require upgrade 11/3/95 310 CMR-546 ,SORT►, ' O!4„•° •1,x,0 �? •`; BOARD- OF HEALTH 120 MAIN STREET TEL. 682.6483 s NORTH ANDOVER, MASS. 01845 Ext23 �SS�cMus�� M E M O R A N D U M DATE: December 5, 1994 TO: Jim Gordon, Town Manager FROM: Sandra Starr, Healtdman1strafor RE: Jimmy's Pizza, 1591 Osgood Street I wanted to apprise you of the status of the situation at 1591 Osgood Street in which Kravin's Deli is attempting to open a bakery/delicatessen. Jimmy' s Pizza currently operates at the site, and he has a septic system about which we have no information. Kravin' s Deli " needs to tie-in to the current septic system for their sewage disposal. At the suggestion of the state DEP, I requested water usage rates for some facilities in town that are similar to Kravin' s in order to calculate how much additional flow could be expected to be added to the septic system. I then requested Steven Dalton of Kravin ' s to hire a licensed septic installer/pumper to inspect the septic tank, D-box and leaching facility in my presence to determine the current size and condition of the system. Mr. C. Adams was in today to argue that this not be done. I would not feel comfortable about issuing a Food Establishment permit to operate for any facility for which there is a question about the proper and sufficient disposal of sewage. Since there may be some disagreement about the outcome of this, I thought I 'd let you know ahead of time what is happening. cc: G. Perna, Acting Dir. PCD File i b 6 s.• • I COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning June 11, 2010 Mr. Christopher Adams S P E C Realty Trust 35 Webster Street#302 East Boston, MA 02128 Re: 1591 Osgood Street Dear r. This letter is a follow up to the meeting held on May 4 at Town Hall. The Community Development staff made several suggestions at the meeting and I wanted to provide our comments to you in writing for your convenience. Listed below are various options which may assist you with some of your concerns. The options pertain to the septic system and the installation of a new ground sign. Septic System/Public Health Department There are three options for your property at#1591 Osgood Street in regards to the Board of Health restriction not allowing you to rent your second unit to a food establishment. 1) Legal action - 310 CMR 15. 421 states that you have the ability to appeal the Board's decision in superior court. 2) Choosing to conduct a Title V Inspection - conducted in accordance with the law 310 CMR 15.000, 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: www.townofnorthandover.com/Pages/NAndoverNIA_Health/permitsandregs. The Title V Inspection criteria allow the Health Department to be present for the entire inspection. Possible resulting actions: a. A Title V inspection is used to determine the septic systems current function. If a passing Title V Inspection is submitted to the Health Department, the board would look favorably on the action and likely consider repealing the order if requested by the owner at a BOH meeting. 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. 3) Do nothing- in regards to a Title V Inspection and move forward and rent to a non-food related business. Please see the zoning officer for types of allowed uses at this site. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com a Q Sign/Building Department Your request to install a sign was received and you were issued a permit in 2008 but the location of your sign was in violation of the zoning front yard setback for your district. You have two options: 1) Meet the Setback—the front setback for the CDD3 zoning district is 15-feet and you have the option of installing a sign 15-feet back from your front property line. 2) Zoning Board of Appeals—you have the option to appeal the Building Inspectors decision to the Zoning Board of Appeals. There is an application that is required to be filled out and a public hearing is required. The Building Inspector can help you with the process. An appeal may allow you to install your sign closer than the 15-foot front setback but a positive outcome is not guaranteed. 3) Do not install sign—you have the option of not erecting a new ground sign. I hope this information is helpful. Our office is available should you have any questions regarding which option you select. If you have any questions or need help in any way please feel free to call me at 978-688-9531. Best Regards, Curt T. Bellavance, AICP Director copy: Mark H. Rees, Town Manager Susan Sawyer, Public Health Dir. Gerald Brown, Inspector of Buildings 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9531 Fax 918.688.9542 Web www.townofnorthandover.com C=;r cl e:;, Septic System Information 1591 OSGOOD STREET 1 � Y Printed On: Thursday,June 07, 2007 Sy GE �zr� Permit Information Ca Test Pits Septic Tank Disposal Trench De One TWO Capacity: Number: De Minutes per inch: Width: Width: To Depth: Length: Length: Se Depth to Water: Diameter: Leaching: Gr Soil Type: Depth: Laundry: No No Haulin Wumpinq Listing Quantity Type System Type Pumped Pumped By Transferred To Disposed At Date Pumped allons Routine Septic Tank STEWARTS SEPTIC 20 So. Mill Street, Bradford 09/21/2005 3000 Comments: riding high Routine Septic Tank Andover Septic STEWARTS SEPTIC 03/03/2006 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 Structures Structure Type Status Address Restaurant OPEN 1591 OSGOOD STREET GeoTMS®2007 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Routine Septic Tank Andover Septic 20 So. Mill Street, Bradford 06/09/2008 1000 Comments: Good Structures Structure Type Status Address Restaurant OPEN 1591 OSGOOD STREET GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. Page 2 of 2 1591 Osgood Street Owner—Chris Adams, SPEC Realty Trust Jimmy's Pizza building Fact Jimmy's Pizza is the only food establishment on an on-site septic system in North Andover. There are 2 units in the building. After some problems with overflow of the septic system the Health Dept got involved 1997. The board met numerous times on the issue of the Jimmy's Pizza property. Much testimony was given. The septic system was over 30 years of at that time. Mr. Adams did not want to replace the system. He did install a required grease trap to help the situation, but he never repaired the leach field. As a result,the Board of Health placed a restriction on this property at the July 23, 1998 meeting NOTE (I believe there is an error in the minutes. Dr. Rizza was the member who removed himself,not Dr. MacMillan as listed. You can assume this as Dr. Rizza is never quoted and Dr. MacMillan is mentioned multiple times) (Dr. Rizza was Mr. Adam's dentist and has verbally stated this fact to me.) Q The board voted unanimously to do the following U "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. �� a MacMillan(should be Dr. IJ d Rizza.)abstained from voting." (see minutes attached for full version) We can assume that the Board did their due diligence at that the time of the decision. Other options they could have done. The board could have ordered a full and costly septic repair or they could have penalized Jimmy's Pizza by interrupting business, but instead they chose to allow Jimmy's to stay and restricted the use of the second unit, unless Mr. Adams installed an up to date septic system. Moving forward over 10 years. Mr. Adams has had a few small businesses in the unit next to Jimmy's.None have stayed long. He has asked multiple times to rent to a food establishment and was denied due to this restriction. He is requesting the Board lift the restriction. He says it is a hardship. Current relevant facts 1)Please see the attached pumping records for the septic tank at Jimmy's over the past few years. Note that comments show that the field has been flooded on a regular basis. This indicates that the septic field is in the ground water. When the septic tank is pumped, the water that sits in the field runs back into the septic tank. When this happens, it means the system is in failure. Frequent pumping is needed in cases such as this. (note that Title V states that a total of 4 tank pumpings in one year constitute an automatic failure) (Jimmy's had 3) 2) Two properties were in failure next door to this property. The neighboring septic systems replaced 3 years ago, are now elevated over two feet above the ground due to the high ground water in this area. Conclusion/Reccomendation For these reasons it is not recommended to the lift the restriction unless Mr. Adams wishes to install a new septic system or ties into sewer. The system is now 10 years older. The town hopes to supply sewer in the future, but there is no definite date for the sewer to be available. It could be years. The 1997 Board was very generous not requiring a full repair. They also only restricted the type of occupancy. They could have prohibited the occupancy for public health reasons until the septic system was replaced. If sewer is eventually approved to come by this property and specific, Mr. Adams should have the opportunity to approach the board again at that time. DelleChiaie, Pamela 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 Osgood 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., br. 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. Fedi` "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: ff copied to BOH Members-Reference Copy Only-no response requested at this time Tracking: 2 pORTp Ira 0 Q 0 CxritwiiQwRw 7� ��SSACHU 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 W. Adams, This memo is in regards to the consideration of locating a food business, Treadweli'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 firture do not rem 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 Timmy'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 Timmy'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 Comnmmity Development office will assist you in any possible with any other applicants that may wish to locate within your building. Thank u S Sawyer,RENS Public Health Director Cc: Jerry Roberts, Treadwell's Ice Cream 1600 Osgood Street, North Andover, Massachusetts 01846 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Ur 42.110006/Z� �/T�G�cee``9 `7f/acc�ie,�le�;.�a,9�ac�u�lettd O7B9D �w,�.eirc,.��ac�ic9eC� 07970 7,01-7'.¢7//7 ��ioire 97�74�X 50 June 7, 1999 Ms. Sandra Starr, R.S. Health Administrator 27 Charles Street North Andover, MA 01845 RE: S.P.E.C. Realty Trust, 1591 Osgood Street North Andover, MA 01845 Dear Ms. Starr Within the past two weeks the writer received from Mr. Christopher Adams copies of two letters relative to the above property. The first was from Mr. Adams to Mr. Halpin dated May 14, 199, relative to a meeting in Mr. Halpins office and a second letter from you to Mr. Adams in reply to the meeting and Mr. Adam's letter. For the record please be advised the Phalen and Allen Limited represents Mr. Adams(S.P.E.C.Realty Trust). As such it is our ethical duty to advise our clients relative technical matters in the this within the scope of regulations of Title 5 and site criteria. This representation is the result of undergraduate and graduate degrees, extensive practice and research, registration as a P. E. (Civil Engineering) and 40+ years of professional practice in this arena. Unfortunately this advice in some instances does produce and adversarial environment particularly when substantive differences of opinions relative to facts in a case exists. Unfortunately in this case substantive differences in opinions appear to exist. Hopefully this letter relative to the facts in this case will lead some resolution of the Adams case,regardless of interjected personality issues. Now for the facts. The essential dispute at this stage appears to be an issue relating to a grease trap situation at the subject property. At the meeting with the BOH where the site problems were finally adjudicated and a Title 5 report was filed it was agreed to install an observation well and a grease trap was to be installed. The observation well was installed within a reasonable time frame. Unbeknown to the writer and Mr. Phillips,Mr. Adam's attorney, a grease trap was found to exist and operating. Further this grease trap was inspected by the local plumbing inspector as well by the writer and was found to be operating properly. A search of the history of this project very clearly demonstrates that all official parties that this functioning grease trap has been accepted legally and properly for some 25 years or more. This clearly indicates legal acceptance by local governmental agencies. Under these conditions it appears that the grease trap has been legally and properly accepted. Clearly the functioning grease trap according to MGL 310 CMR 11-15 has been"grand fathered" because it existed prior to whatever regulations are being attempted to be applied and more important it works. If it is working and the SDS system is properly functioning as it is then no threats imagined or implied to public health and safety can exist thus a problem does not exist. However it is true that in this case jurisdiction of the grease trap is a grey area because of how the system was "grand fathered" into place and two sections of the law MGL 780 and MGL 310 each of which have jurisdiction. Here either the courts or the legislative not I the writer nor you the health agent have the right to make a determination as to who is correct. The fact of the cloud becomes less gray when MGL 310 CMR speaks to the issue clearly noting acceptance is based upon prior approvals. Still further this system and grease trap have been at the very least constructively approved also as outlined in MGL 310 CMR. The issue of requiring the property owner S.P.E.C.Realty Trust to install a second grease trap when one exists and is functioning and when the evidence supplied by Mr.Adams clearly indicates that the offending party,the tenant,was responsible for the grease problem by directly dumping into the septic tank apparently by gaining access thru the septic tank manhole outside the structure. MGL 310 CMR give the Board of Health substantive leeway to draw the occupant into the situation for several reasons. Clearly in order to operate a restaurant on the premises the local BOH in issuing and monitoring a license to the tenant the local BOH has known for several years that the grease trap situation was what it is and that all equipment for the operation is the sole responsibility of the tenant(Jimmy's Pizza). S.P.E.C. Realty furnished a standard SDS system to the tenant for a"restaurant and in the lease the tenant assumed the responsibility for the installation of all equipment necessary to operate a restaurant. From a legal viewpoint it is clear to the writer that the tenant has assumed thru his lease the responsibility of all equipment related to the operation of a restaurant. Thus the tenant whose equipment status appears to be known to the BOH simply by inspections and the licensing procedure and a signed documented lease has the total responsibility of the grease trap. This aspect of the case has never been addressed or heard properly to the writers knowledge. It is my understanding that the request for a hearing as stipulated in MGL 310 CMR was denied Mr.Adams and the facts being presented herein were never heard and consequently are not part of the official record. Incidently the DEP in noting that a grease trap as noted in one of your letters was "appropriate"is correct which is different than mandatory. Mr. Adams indicated that there is distrust relative to the location of the water table as originally presented and this distrust may be a partial cause for the grease trap dilemma. Having spent 40+ years professionally investigating and locating water tables the factors that are obvious to the writer may in some instances require further clarification to establish the fundamental facts for others. Consequently all of the relevant data to once and for all put the water table to bed and is herewith presented. Initially we furnished your office a report that started with an identification of the general topography and tree growth on and adjacent to the site. These factors identified the fact that geologically the site was a sand gravel deposit. Subsequent views of the soils in the side hill cut on the S.P.E.C.property yielded a clear picture of a deep deposit of sand and gravel. Test pits by Ben Osgood indicated no water table at a depth of 120 inches with some moisture at 30 inches in one hole but no water table was located. In addition David Allen a duly qualified soil evaluator along with the writer caused test pits to be dug and where duly noted in the earlier submission where at a depth of 10 feet no water table was located. Classically sand and gravel deposits of this type can exhibit mottling in various layers with due to variations in grain size that can create localized moisture spots. The test pits dug in our presence did not reveal mottling to any measurable degree as an indicator of trapped ground water. Inspection of the exposed hole revealed dry sands and gravels at 10 to 11 feet that would collapse. This phenomena is directly related to a dry loose granular deposit. In order to acquire —2— greater depth it would have been necessary to make the test hole substantially larger which would have collapsed part of the miniature golf course. These facts clearly demonstrate a water table that is at a substantial depth and does not influence the SDS system in anyway. In addition measurements taken at the observation well on a monthly basis by the writer since February 1, 1999, with an additional one on May 27, 1999 revealed no water to a depth of 10 feet. With these measurements being taken during seasons of high water it is clear that the actual water table is a non issue.We also recovered a sample of the soil at 10 feet and it was dry. Sample enclosed for your review. As we both know the new Title 5 report form on page 11 requires viewing the USGS observation well system. Our computer system is tied into this information and very clearly indicates that for this area in general for the soil and geological situation the water table is about 15 feet below ground surface and that the departure from normal is -1.40 feet. This data is consistent with our findings for this site and basically confirms the reports to your office. Thus at this stage from the writers view the situation that exists is as follows; 1. A sound operating SDS system exists on the subject site. 2. Water table data based on observations and other data is not interfering with the operation of the SDS system and is a non issue. 3. The question of the grease trap appears to boil down to an issue of control between governmental agencies where both clearly require a grease trap. 4. The grease trap situation appears to be "grand fathered" into the overall scheme by means of previous permits from governing bodies of North Andover. 5. The dispute relative to who is responsible for the grease trap, the owner or tenant, is apparently resolved by the tenant accepting this responsibility in their lease. 6. The system as it exists is adequate to house simple a non food related occupancy in the un-rented space and is being utilized as a tool to obtain a second grease trap.. The design of an in ground grease trap is easily accomplished with a variance relating to the setback from the structure. We will be more than happy to design the system for the either party.This document is also being prepared as background material relative to potential litigation in this matter.My personal advice to our client S. P. E. C. Realty Trust is to put in the grease trap regardless of who is right (or wrong) because obviously time lies on the your side of the fence. The writer trusts that this document at the very least outlines the reasons for the severely disputed biased conditions in this case. —3— Since the beginning of this letter it has been the writers opinion that the installation of a grease trap under the conditions existing in this case,rightly or wrongly,is the best direction to go. This should eliminate the problems on both sides and allow all parties to proceed. Mr. Adams has acquiesced to this and has requested that we prepare the necessary documents to accomplish this. Consequently the plans attached herewith are submitted for your viewing. It would appear that one variance relative to the grease trap location on the exterior will be required by your office and the work can proceed. Mr.Adams will handle this case from now on so that funds can be saved. Very truly yours, Prof. Thomas E. Phalen, Jr. President TEP/efb starr2 cc: Halpin. Adams, BOH, Phillips —4— A/Ze/11 M d ��•78�7�.�7��7 �iorze.•9J�7/7 8'.�'S0 787 7P�43JP �aa� 97�7/7. 2.50 June 25, 1999 Ms. Sandra Starr,R.S. Health Administrator 27 Charles Street North Andover,MA 01845 RE: S.P.E.C.Realty Trust 1591 Osgood Street North Andover,MA 01845 Dear Ms. Starr: Attached is a copy of the construction package for the proposed grease trap that in our opinion meets the objectives desired by local BOH at the meeting last evening. A copy of these documents are being furnished to Mr. Chris Adams so that he may secure bids and proceed to begin to rent his property and secure financing for the project if possible. We must indicate to the BOH that the protection being sought for the SDS system as originally contemplated will not take place. Should there be any questions please call at your convenience. Very truly yours, Prof. Thomas E. Phalen,Jr. President TEP/efb file starr4 TCWNO NORTH APIDO -CR/R. -,RD OF HEALTH JUL 2 0 1999 i a GREASE TRAP FOR EXISTING SANITARY DISPOSAL SYSTEM FOR SANITARY DISPOSAL SYSTEM S.P.E.C. REALTY TRUST (CHRIS ADAMS TRUSTEE), 1691 OSGOOD STREET, NORTH ANDOVER, MA.01922 BY Aill'a y1mited, �xafAm gw�w XwAutew"MEW .9.79',71A07.9 -v7&Al/ tP50 JUNE 8, 1999 U r' REVISED 6/25/99 AS PER BOH MEETING 6/24/99 TITLE SHEET FOR � Sli Of GREASE TRAP FOR EXISTING �imaed off. qe, SANITARY DISPOSAL SYSTEM SUS tiG SANITARY DISPOSAL SYSTEM —' S.P.E.C. REALTY TRUST(CHRIS 7Sf7fA70?7 ADAMS TRUSTEE), 1591 OSGOOD R� k� .f.�.�i6�a.�tmt FG/STE AL EN � STREET, NORTH ANDOVER, MA.01922 yazx."07970 JUNE 8,1999 SHEET 1 97X74f-1-f50 LIST OF DRAWINGS NUMBER DESCRIPTION 1 TITLE SHEET 2 LIST OF DRAWINGS 3 LOCUS PLAN 4. SITE PLAN 5 TEST PIT #1 6 PIPE TRENCH 7 GREASE TRAP DETAILS 8 GREASE TRAP DIMENSIONS NOTES&DATA 9 PIPE PENETRATION DETAILS 10 MANHOLE COVER DETAILS 11 ALLOWABLE SOIL GRADATION 12 GENERAL NOTES 13 GENERAL NOTES LIST OF DRAWINGS FOR D It OF GREASE TRAP FOR EXISTING gllfaa & d1len yanited SANITARY DISPOSAL SYSTEM �yG SANITARY DISPOSAL SYSTEM ¢ol gnv S.P.E.C. REALTY TRUST(CHRIS 7YI17 ADAMS TRUSTEE), 1591 OSGOOD ' TE STREET, �c� T EN � STREET, NORTH ANDOVER,MA.01922 JUNE 8,1999 SHEET 2 97S-741- 3v c + iii go V, Water' LOCUS PLAN LOCUS PLAN FOR 0 OF GREASE TRAP FOR EXISTING V11kAyl;xael1 SANITARY DISPOSAL SYSTEM SANITARY DISPOSAL SYSTEM S.P.E.C. REALTY TRUST(CHRIS ADAMS TRUSTEE), 1591 OSGOOD TE AL STREET, NORTH ANDOVER,MA.01922 Y-4., 97" JUNE 8, 1999 rumm 11-WEL EVALUATOR FORM Page 2 of 3 Location Address or Lot No. 1591 Osgood St., N.Andover Onsite Review oa.n taola iNunber O.W...._.3/31/98 TWO: 1Q.AM Weather clear Location Iiden*an site plan) _.:.. .... _.... ., ....: Land We.•_,,commercial. Slam 1%) .3 Sarfaa Stone none.. rass_.. .,,... ._. ........... Landform...,....:_..... _,... .. Position on landscape(sketch on the back) Distances from: Open water Body >500' toot Drainage way foot Powible Wet IMee >500' fast Property une 60 fast Drinking Water Well >500' test ah« DEEP OBSERVATION HOLE LOQ' Dope►"M sell"wi m $Oil Imm" foe Cow fell Dow &OW tteel+ool NiDAI ph"6111 Ma"W4 Iftruoar0,itona,ae mdows,CW"Wtuny,X 0-8.1 Fill .5YR3 8- 17, Bw Loamy 10YR7/6 none Massive,friable Sand 17-30" C1 Fine 2.5Y6/4 none Massive,friable Loamy Sand 30- 120" C2 Loamy 2.5Y8/1 none Massive,friable Sand Posen ninowfteowd glacial unknown f WAWWOtri•arHft none Waco ptFam none twr•.rs f1..erra tai rirwrl rwtr >120" W • ser Al�aat'm eDW•tiarnat TEST PIT#1 FOR � •SH OF GREASE TRAP FOR EXISTINGY,uneted SANITARY DISPOSAL SYSTEM E 1NtiG SANITARY DISPOSAL SYSTEMMML6 E � .J, S.P.E.C. REALTY TRUST(CHRIS 7?y-7&7 o ppb'' ADAMS TRUSTEE),1591 OSGOOD f&VIA�9 .� TE STREET,c��c. STREET, NORTH ANDOVER, MA.01922 yoz.,"0"970 JUNE 8, 1999 SHEET 5 -P,78-,74f-".h9 24" MAX 4" topsoil &GRASS z COMPACTED w z GRAVEL 2 G FILL M (SOIL B) 4" COMPACTED 4" SCHEDULE 40 PVC g" SAND (SOIL A) PIPE TRENCH FOR A SN Of GREASE TRAP FOR EXISTINGY,,wted �► SANITARY DISPOSAL SYSTEM cy SANITARY DISPOSAL SYSTEM i3 � N„ isna�cstteii f�ftT 0x890 silip . , 4 S.P.E.C. REALTY TRUST(CHRIS 711-IRA 7117 90 ADAMS TRUSTEE), 1591 OSGOOD G/STE L EN� STREET, NORTH ANDOVER, MA.01922 Y.Z. a�97o JUNE 8, 1999 SHEET 6 20"DIA CLEANOUT R 24"DIA COVER 24"DIA COVER PLAN VIEW 1500 GAL GREASE TRAP,H-20 LOADING,SHEA TK4500H OR EQUAL IS SHOWN, 1000 GAL MIN IS REQUIRED IF AVAILABLE OTHERWISE THE 1500 GAL UNIT NTH 3 HATCHES WILL THEN BE ACCEPTABLE. INSTALL CHILDPROOF COVER AND RISER TO GRADE INSTALL CHILDPROOF COVER AND SEAL TANK/COVER JOINT AND RISER TO JUST ABOVE GRADE AND SEAL TANK/COVER JOINT 20"DIA CONCRETE COVER W/GASKET 1"TAPE f 9"MIN. PIPE SEAL----\ e PIPE SEAL 3"MIN. 8"TOP H-20 LOADING 3"MIN 3 ..a =� : 4"DIA INLET 4"DIA OUTLET x 6„MIN. E�l 36" 4"x4"TEE LIQUID L 24" SCH 40 PVC 4"x5"TEE S H40PVC f h 4'•DIA PIPE TONGUE AND GROOVE 3„ SCH 40 PVC '--JOINT SEALED WITH 4'-4" BUTYL RESIN CONTRACTOR SHOULD NOTE THAT THE DIMENSIONS OF THE TEES OF A GREASE TRAP ARE DIFFERENT THAN ASEPTIC TANK AND 4"DIA PIPE SHALL MEET 310CMR 15.00 CRITERIA MODIFY TO SUIT SCH 40 PVC GAS MANUFACTURER'S DIMENSIONS BAFFLE 4„ 6-'MIN.<3/4"CRUSHED STONE BASE SECTION VIEW GREASE TRAP DESIGN CRITERIA. 1. SIZE REQUIRED IS MINIMUM AS PER 310 CMR AND LOCAL BOH OR 1000 GAL 2. FOR TANK DIMENSIONS AND NOTES SEE NEXT SHEET 3. 1500 GAL GREASE TRAP, H-20 LOADING, SHEA TK-1500H OR EQUAL IS SHOWN, 1000 GAL MIN IS REQUIRED IF AVAILABLE OTHERWISE THE 1500 GAL UNIT WITH 3 HATCHES WILL THEN BE ACCEPTABLE. REVISED 6/25/99 SH OF GREASE TRAP FOR EXISTING SANITARY DISPOSAL SYSTEM y, SANITARY DISPOSAL SYSTEM �R S.P.E.C. REALTY TRUST(CHRIS jam 7eAN17 8172 9F�/ST� ADAMS TRUSTEE),1591 OSGOOD �xJ� Sor �•�' R� �c� L ENG � STREET, NORTH ANDOVER,MA.01922 JUNE 8, 1999 SHEET 7 97�7¢���50 GREASE TRAP NOTES: 1. THE DIMENSIONS SHOWN WILL DEVIATE FROM ONE MANUFACTURER TO ANOTHER , HOWEVER THE BASIC INVERT GRADES SHALL BE MAINTAINED. 2. ALL CONCRETE SHALL CONFORM TO THE LATEST ACI CODES AND STANDARDS AND SHALL BE 4000 PSI CONCRETE WITH SULFIDE RESISTANCE (TYPE 2 OR 5 CEMENT)AND REINFORCING ALSO CONFORMING TO ACI REQUIREMENTS AND ASTM C1227-93 WITH A MINIMUM YIELD STRENGTH OF 40000 PSI TANK SHALL BE FULLY DAMPROOFED. 3. THE TRAPS SHALL CONFORM IN ALL RESPECTS TO MASS. REGULATIONS PROMUL- GATED BY THE DEP AS TITLE 5 REGULATIONS UNDER 310 CMR 15.000. 4. TONGUE AND GROOVE JOINTS SHALL BE SEALED WITH A BUTYL RESIN. 5. TANKS SHALL BE DESIGNED FOR H-20 LOADING AS NOTED IN THE TABLE. 6. TEES AND/OR BAFFLES SHALL BE FURNISHED BY THE SAME MANUFACTURER AS THE TANK. TEES ARE THE PREFERRED INSTALLATION. SIDE INLET SHALL EXTEND TO CENTER OF TANK AND OUTLET TEE SHALL HAVE A CORROSION RESISTANT GAS DEFLECTOR. 7. GREASE TRAP SHALL BE VACUUM TESTED FOR WATERTIGHTNESS IN ACCORDANCE WITH ESSEX DESIGN STANDARDS 500.3.1 AND 500.3.2. OR EQUAL 8. THE BUILDING SEWER SHALL BE CONNECTED TO THE GREASE TRAP IN A STRAIGHT LINE IF POSSIBLE. IF A BEND LESS THAN 90 DEGREES IS REQUIRED, PRECEDE THE BEND WITH A CLEANOUT EXTENDED TO GRADE AND PLUGGED. GREASE TRAP NOTES&DATA 1910 F FOR EXISTING i���► sJq� SANITARY DISPOSAL SYSTEM SANITARY DISPOSAL SYSTEM Ems. a�e90 S.P.E.C. REALTY TRUST(CHRIS o F ADAMS TRUSTEE),1591 OSGOOD .� TE AL Ffs��NAI EN� TREET, NORTH ANDOVER, MA.01922 JUNE 8, 1999 SHEET 8 CORE DRILLED OR PRECAST HOLE INTERNAL S.S. EXPANSION BAND PIPE COAT 2AND WITH COAL TAR EPDXY PAINT pRrygl S.S. BAND KOR—N—SEAL E00T ALTERNATE 1 NEOPRENE BOOT FOR PIPES 4" DIA. AND LARGER WALL INTERIOR CORE DRILLED OR PRECAS HOLE PIPE • LINK—SEALWALL ALL METAL PARTS TO EE PENETRATION. /--. STAINLESS SicEI AND COATED WITH COAL TAR EPDXY FOLLOWING INSSAL'�TiCN "O O OO ' O O ALTERNATE 2 LINK—SEAL FOR PIPES AND CONDUIT PIPE PENETRATION DETAILS FOR �p A SH OF , � GREASE TRAP FOR EXISTING 9"n, & WIle2Ylm6ted �o�l► INO SANITARY DISPOSAL SYSTEM y SANITARY DISPOSAL SYSTEM 4� �� —' S.P.E.C. REALTY TRUST(CHRIS 7a�7�¢7ylf7 ovsya 81 "�i ADAMS TRUSTEE), 1591 OSGOOD �.o ..Sor. TE STREET, �c� .a6r T F`�S�ONAENG � STREET, NORTH ANDOVER, MA.01922 So m"0(.9,70 r— JUNE 8, 1999 SHEET 9 .978-74i(.ff-fa 1 114 PICK HOLE I - iw� 1/Y x 3/47 TAPERED RIBS 3/4 x 7/8" TAPERED RIBS PLAN ALL BEARING SURFACES OF FRAME AND COVER TO BE MILLED. 2'-0' SECTION NOTE: IT IS MANDATORY THAT THIS MANHOLE DETAIL BE UTILIZED IN ESSEX, IPSWICH & GLOUCESTER, MASSACHUSETTS. IN OTHER TOWNS A LIGHTER WEIGHT UNIT MAY BE UTILIZED WITH LOCAL APPROVAL. MANHOLE COVER DETAILS FOR � ,t9 OF , GREASE TRAP FOR EXISTING 91udera & �yimited �► q SANITARY DISPOSAL SYSTEM E �y SANITARY DISPOSAL SYSTEM � :�ireo�tci.�O�B90 J,�i S.P.E.C. REALTY TRUST(CHRIS 7gf-7-ls-Nf7 o F (Y ADAMS TRUSTEE), 1591 OSGOOD Y4wt .� G/STi_R� '� Ffs��NA � STREET, NORTH ANDOVER, MA.01922 YzA. " I o�97a JUNE 8, 1999 SHEET 10 97�74�8--fa 0 North Andover Board of Health MEETING AGENDA THURSDAY, September 18,2008 7:00 p.m. North Andover Town Hall Selectmen's Meeting Room, 2"d Floor 120 Main Street North Andover, MA 01845 Present:Tom Trowbridge,Frank MacMillan,Jr.,Larry Fixler,Anne Brennan, Susan Sawyer,Michele Grant,Debra Rillahan;Pamela DelleChiaie 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. The modifications were approved without issue,and will be sent to DEP for finalization. III. APPROVAL OF MINUTES A. Meeting Minutes from June 26,2008 to be presented for signature The minutes were signed and approved by all. B. Meeting Minutes from July 24,2008 to be presented for signature The minutes were signed and approved by all. IV. OLD BUSINESS A. TBI Updates from Dr. Trowbridge Dr.Trowbridge stated that the Board of Health controls the fmal permission to issue a license to operate to TBI. We have the right to object to the final permit until all mandates are completed. There is a permit to construct,and a permit to operate. Both permits are issued from the State. When the ATC is issued,there is a list of things to be done before being allowed to operate. Ms. Sawyer stated that the Selectmen asked— they are getting a pole for the electric. Ben Osgood,Jr.is installing the septic system. 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). Mr.Osgood presented to the Board. Soil testing in the front of the house was completed. The plan meets all the local bylaws. The system must be raised and there will be a two foot high wall. They are proposing a dry set stone wall along the property line. They plan to use some of the boulders found when they dig. The wall is 15 feet away from the system. The purpose of the wall is to hold back the soil. The distance negates any fear of collapsing. September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 6 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 D Ms. Sawyer stated that Mill River did not have anything against this fence. Mr.Fixler asked what is the harm if they built stone vs.boulder or concrete wall? What is the jeopardy to the environment using different types of walls? Mr.Osgood stated that if it were a 10 foot boulder wall, it would come down. This is less than two feet,and not much of a risk. Soil will be built up to a certain level on it. Ms. Sawyer was concerned that a swale may be needed. Where does the runoff go? Mr.Osgood stated that it runs to the front corner,and back half of the system,and then runs down the back of the yard. Certain walls are built based on the integrity of the soil and surrounding property. Mr.Osgood stated that the boulder wall is okay if the height is a two to four foot wall. Anything above that would require segmental blocks or poured concrete. Dr.Trowbridge asked about the presented layout and alternatives and required grading. Why have a wall at all and grade the soil to slope it completely? Mr. Osgood stated that there is a requirement of a 3:1 slope. This is not allowed to be changed per Title 5. Dr. Trowbridge stated that the field could be moved over to slope. Mr. Osgood stated that the reason to not do that is that the water table goes uphill. He wanted to keep the system as a gravity system. The pipe is elevation is 1.06,so if the system were moved,they would have to move the pipe,and they have to be able to run pipes into the basement. If moved up,it is more difficult, and a pump would need to be added. Also,by keeping the natural gravity system,it keeps the cost lower for the homeowner. This is the easiest type of system to maintain,and the least expensive to build. Ms. Sawyer states that the new invert is at 1.02. Ms. Osgood states that the plumbing comes out in the back,and the inside would need to be re-plumbed. This is the best setup for the plumbing because of the constraints of the inside of the home,specifically the furnace and beam. Mr. Osgood states that there is a water table four feet down. The water table follows the slope of the ground. The wall will be a dry set wall of boulders. There is a test pit in the back,but,there are wetlands down in the back. Also it is closer to 100 feet from the wetlands,so the system would not have been in the backyard. Motion A motion was made by Mr.Fixler and seconded by Dr.MacMillan to: 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). All were in favor. 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) Mr.Ed Radcliffe was present in lieu of Mr. Greg Saab due to a scheduling conflict. There is a brick patio by the front entrance way which would be difficult to relocate. Ms. Sawyer asked what is to the left of the brick patio to preclude coming out that way. She understands that it is a finished basement,and to reroute the plumbing would be difficult and expensive,and they want the plumbing to come out through that corner. To get the slopes of the pipes would ruin finished basement. They can run pipes from the garage side to that comer based on conversations with Jim Kellett and Greg Saab. They need either to relocate it or request the local upgrade. Risk wise,one would have to have a back flow from town sewer,a breach in the building sewer,and some type of problem with water line. Ms. Sawyer spoke with Tim Willett as well. They do want the 10 feet setback,but there are currently homes in Town closer than 10 feet. They will try September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 6 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 to fully comply,but if the reasoning is fine with the Board of Health,they have a right to do that. The fact that he chose to go under a walkway,we can assume there must have been a reason. Ms. Sawyer can sign off on the Local Upgrade. The building of the site cannot go to the right because of gas lines. Due to tightness of the site,the requests look reasonable. The gas lines are of concern,as fill and heavy equipment will be around. The gas lines are at least 4 feet down. Dig safe will outline where the lines are. It is the responsibility of the contractor to maintain the proper conditions. Motion Ms.Sawyer recommends this request. Dr.MacMillan made a motion to approve the Local Upgrade Approval request in accordance with 15.102(2)for one deep hole in the primary soil absorption system. The motion was seconded by Mr.Fixler. All were in favor. Motion The engineer will maintain 10 feet from the system to the wall. A wall under four(4)feet is structurally sound. A motion was made by Mr.Fixler,to allow the 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). The motion was seconded by Dr.MacMillan. All were in favor. Motion Item 3—add on—Take no action—S.Sawyer can grant this request for a local upgrade—. Engineer needs to submit reasoning for the request to reduce distance between the water line and the building sewer. 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) 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.Adams read from a portion of the letter to begin stating his position regarding his request. Mr.Adams requested a removal of a restriction. 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 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. September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 6 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 1 Mr.Fixler asked Mr.Adams why he was not aware of this situation. 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 stated that he went to see Dr. Rizza,a former Board of Health member,and Dr.Rizza told him that he told him that he(Mr.Adams)was being treated unfairly. Years ago,Mr.Adams had a problem with a tenant dumping grease in the septic tank. The tenant called the Board of Health in at that time. It was determined that there was no grease trap on the site. 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 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. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Rental Housing Proposal—Status Report Mr.Fixler commented that he read the Merrimac Information. An overview of the program was provided by Ms. Sawyer. There are absentee landlords,who are renting to tenants of questionable character(such as stabbing incident this past year). Landlords are not paying attention to their properties. The Police Department has an interest in this. Dr.Trowbridge asked about why there is not more involvement from the Fire Department. Ms. Sawyer had a meeting with the Town Manager. It was discussed that there should be an educational session so that all the landlords can be engaged—thereby reaching out to realtors, and multi family units. Tracy Watson as manager at Woodridge has lots of ideas and how to screen tenants legally. It was thought best to work on that forum first. Ms.Watson teaches a course in property management at NECC. What do September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 6 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 i we want to achieve with these regulations? Dr.Trowbridge stated that if there are educational forums we can add motivation to comply with the program,such as any landlord who attends gets a discount for inspections over the next year or so. People need motivation to go. Ms.Rillahan stated that with recreational camps, we have everyone come,and give information,and what they need to know,so when they come,they are prepared. Dr. Trowbridge states that we have to combine two ideas,and foster public relations as to what would be a motivation for them to come. Perhaps volunteers could be assembled to help with a draft. Ms. Sawyer states that the housing regulation is not a done deal. Dr.Trowbridge sees this issue as two separate entities—education and enforcement of regulations. If there is a forum put out as an educational forum,the typical landlord may feel that he already knows everything he needs to know,and does not have an incentive to attend any forums. Ms. Rillahan asked if we need their input. Ms. Sawyer wants to garner the support of the landlords,and not shock the landlord community. There will be hearings. Anything that we expect,they should already be doing. Dr.MacMillan states that they may be ignorant of some of the regulations. Dr.Trowbridge noted that landlords will follow the code. There will be fines and fees for large complexes,Boston Model,or other Town model. Dr.Trowbridge looked at the Boston Regulations. Neither one talks about checklists or reports. They speak to verifying compliance. Now,one can go to Boston online,and see the inspection reports. Are these reports made available to tenants?Ms. Sawyer states that many tenants do not know their rights. Ms.Rillahan asks if we are going to have 1,000 small files? Dr.Trowbridge addressed the issue of landlords requesting variances. He thinks that if there is a minimum that cannot be met,they will not be allowed to rent. Ms. Sawyer wants to have a forum some time in November. Dr.Trowbridge stated that we might need a fund for it,but does not need to be an act of Town Meeting. B. Possible Town Meeting Articles from the Board of Health i. The Town Manager and the Board of Selectmen asked for any articles to be submitted by October 1St. He does not think that the rental housing program would be put forth by the BOH. The 43D is the Lucent area to allow for streamlined permitting. There is no action necessary. ii. Revolving fund—what is the proper time to ask for a new one,such as for the rental housing program? There is another one;TBI will pay$20k a year to hire a monitor. There may be a separate fund for TBI. It is one of those things that needs to be setup. The Town is ready to go out for an RFP for Wheelabrator for air quality monitoring which will be done via the Planning Board. The Septic Consultant must be chosen as well. Dr.Trowbridge noted the various dates for MAHB—3 dates.Dr.MacMillan is going to one in Marlborough that he and Joe went to previously. Mr.Fixler went once the first year. Dates are always a Saturday. There is no funding from the Town,but there are scholarships for it. Group approved it last year. C. Mosquito Issues Dr.MacMillan asked about mosquito issues. Dr. Trowbridge stated that the mosquito district had plans to come out to local ballfields at Brooks on Tuesday. Non-school yards and ball fields will be done tomorrow pending weather. Dr. Trowbridge recalls from last year a lot of coordination. Kids hang out in the school yard. He suggested to bring kids all inside to make sure there is no accidental risk of exposure. Buses arrive at various times,and suggested that kids be brought in promptly when they arrive. September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 5 of 6 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 D. Chemical Spill Ms. Sawyer responded to a chemical spill this week at 80 Flagship Drive. The spill was contained and it was only 150 gallons.A discussion ensued about DEP calls. . Also something for this years' goals—have phone numbers for everyone in Town. If there is an oil spill-this is who you call,etc. As a team,we will put together a list of who to go to and when. E.g.—shots,going to Africa—name of travel clinic......we can put together a phone book for the BOH members of who to call in what situation. E. Open Meeting Law—correspondence from Tom Urbelis—conference in October—invitation for Board members to go. F. Prescribed burn on Weir Hill—Susan copied to BOH. There is an air quality permit. G. Training program—MVPC—volunteer members of various boards—3 sessions open meeting law, conduct and ethics laws. VII CORRESPONDENCE/NEWSLETTERS A. Distribution of MASSDEP Emergency Notification Magnets to BOH members. Each member was given a MassDEP Emergency Notification magnet with a phone number and samples of environmental issues to respond to. VIII. ADJOURNMENT The meeting was adjourned at 9:35 p.m. Pre ap red by: Approved by: Larry Fixler Clerk of the Board September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 6 of 6 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 Pillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant 1591 Osgood Street Owner—Chris Adams, SPEC Realty Trust Jimmy's Pizza building Fact Jimmy's Pizza is the only food establishment on an on-site septic system in North Andover. There are 2 units in the building. After some problems with overflow of the septic system the Health Dept got involved 1997. The board met numerous times on the issue of the Jimmy's Pizza property. Much testimony was given. The septic system was over 30 years of at that time. Mr. Adams did not want to replace the system. He did install a required grease trap to help the situation, but he never repaired the leach field. As a result,the Board of Health placed a restriction on this property at the July 23, 1998 meeting NOTE (I believe there is an error in the minutes. Dr. Rizza was the member who removed himself, not Dr. MacMillan as listed. You can assume this as Dr. Rizza is never quoted and Dr. MacMillan is mentioned multiple times) (Dr. Rizza was Mr. Adam's dentist and has verbally stated this fact to me.) 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 (should be Dr. Rizza) abstained from voting." (see minutes attached for full version) We can assume that the Board did their due diligence at that the time of the decision. Other options they could have done. The board could have ordered a full and costly septic repair or they could have penalized Jimmy's Pizza by interrupting business, but instead they chose to allow Jimmy's to stay and restricted the use of the second unit, unless Mr. Adams installed an up to date septic system. Moving forward over 10 years. Mr. Adams has had a few small businesses in the unit next to Jimmy's.None have stayed long. He has asked multiple times to rent to a food establishment and was denied due to this restriction. He is requesting the Board lift the restriction. He says it is a hardship. Current relevant facts 1) Please see the attached pumping records for the septic tank at Jimmy's over the past few years.Note that comments show that the field has been flooded on a regular basis. This indicates that the septic field is in the ground water. When the septic tank is pumped, the water that sits in the field runs back into the septic tank. When this happens, it means the system is in failure. Frequent pumping is needed in cases such as this. (note that Title V states that a total of 4 tank pumpings in one year constitute an automatic failure) (Jimmy's had 3) 2) Two properties were in failure next door to this property. The neighboring septic systems replaced 3 years ago, are now elevated over two feet above the ground due to the high ground water in this area. Conclusion/Reccomendation For these reasons it is not recommended to the lift the restriction unless Mr. Adams wishes to install a new septic system or ties into sewer. The system is now 10 years older. The town hopes to supply sewer in the future, but there is no definite date for the sewer to be available. It could be years. The 1997 Board was very generous not requiring a full repair. They also only restricted the type of occupancy. They could have prohibited the occupancy for public health reasons until the septic system was replaced. If sewer is eventually approved to come by this property and specific, Mr. Adams should have the opportunity to approach the board again at that time. 71 ROOZ 9 p a13S G 1 Page 1 of 1 DelleChiaie, Pamela From: /o=North Andover/ou=First Administrative Group/cn=Recipients/cn=pdellech Sent: Monday, September 15, 2008 1:47 PM To: Anne L. Brennan (abrennan@wingatehealthcare.com); Francis P. MacMillan (fpmacmillan@comcast.net); Joseph McCarthy Qoemccvam@comcast.net); Larry Fixler (Ifboardofhealthnorth and over@yahoo.com); Thomas Trowbridge (tat.boh@comcast.net) Cc: Sawyer Susan (ssawyer@townofnorthandover.com); Michele Grant (mgkc@comcast.net); Rillahan, Deb Subject: 1591 Osgood Street-Owner: Christopher Adams (Site of Jimmy's Pizza) Dear Board members: We received the attached letter from Mr. Adams today. In response, I have put together the documents that show the septic work he is referring to. A 1000 gallon grease trap was installed and a monitoring well. (I have never seen any reports on the findings of the monitoring well) Please note that the main part, the leaching area, of the septic system has never been repaired to date. It is located under the miniature golf area and is the main reason that Mr. Adams has put up such a wall over the years. He refuses to have it replaced due to the expense. Hence the board placed stipulations rather than ordering its replacement. Please call me with any questions. Susan Sawyer Public Health Director office -978 688-9540 1600 Osgood Street Bldg. 20, unit 2-36 North Andover, MA 01845 9/15/2008 Mr.Christopher Adams , 35 Webster St.Apt.302 Boston, MA 02128-2732 NORTH ANDOVER BOARD OF HEALTH September 9, 2008 Gentlepersons, Please be advised that I respectfully ask for the removal of a restriction imposed by your board that has and continues to severely affect our livelihood. This restriction limits us the renting of space we have available at 1593 Osgood Street. This amendment stipulates that only one food establishment be allowed at our location*. Because of this ruling and industrial zoning limitations,we have not been able to rent this 1400 square foot space for the last(5) five plus years. It remains vacant and so is a financial hardship. This vacancy has resulted in an estimated loss to date of income in excess of over$90,000. This problem surfaced some five plus years ago when we tried to rent the property to an Actor's Workshop. Obviously this usage,void of any possibility of grease usage, could not possibly affect our septic system. We were turned down because of a new"Change of Use" law that triggered a new and unpopular statewide ordinance—a"Title Five" inspection. Your inspector at that time Sandy Starr told us previously that a septic tank cleanout 3 or 4 times a year was permissible and reasonable. Ours, I explained, had not needed a cleanout in 18 months. Even so, we were forced us to install a new system at a cost of over$16,000 plus legal and engineering fees in excess of$8,000. We hired one the most knowledgeable in the state-Engineer/Dr. Thomas Phalen, (who taught a course on Title 5 at Boston University),to represent us. Even after the new septic installation, we were not permitted to rent the space to a"T" shirt printing company. Renting space is not easy. To this day, we continued to pay for fire insurance and the escalating annual North Andover real estate taxes on this unrented property.. Your board member, (my dentist) Dr. John Rizza,upon visiting him for his services told me, "you are being screwed". I asked him why then did he not speak up at the BOH meetings? His answer was that his policy was to abstain from ruling on issues involving his patients. (I have since changed dentists) My family and I have lived, raised our children, and made our living here in North Andover-having paid taxes here for over half a century - since 1958. During this time, to show our appreciation, we "gave back"utilizing our miniature golf course to raise money for the North Andover Little Leagues and high school teams. As well we have helped other charities and the disadvantaged. Last Spring, I visited your BOH department and asked why your board disallowed the application of Treadwell's Ice Cream to rent our space (Treadwell's Ice Cream would have been the perfect tenants to help revive our floundering miniature golf business Golfland at North Andover). I was told that an amendment, authored by Dr. John Rizza, limited us to just one food establishment. *It should be noted that previously a second tenant, "Kravens Bakery/Deli" sold ice cream-void of any septic tank problems. This has definitely been an extreme hardship for us and we seek relief. Please, reverse this ruling. Thank you. Very truly yours, RECEIVED Christopher Adams, Trustee 1591 Osgood Street Nominee Trust SEP 15 2008 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT ComvinyXa. Pace Olice, XJefferson Office Park 800 Turnpike Street, Suite 305• North Andover, MA 01845 Kenneth A.Cossingham (MA and NH) Telephone:(978)685-5686 Scott A.Lakin (MA and NH) Fax:(978)794-0985 Alan N.Cote (MA and NH) E-mail:cosslaw@tiac.net Lesley H.Kuhl March 1, 1999 Chairman Gaten Osgood Board of Health Main Street North Andover, MA 01845 Dear Chairman Osgood: This office represents Demitriois Pougaridis doing business as Jimmy's Famous Pizza at 1595 Osgood Street,North Andover, MA 01845. This letter is to advise the Board of Health that Demitriois Pourgaridis has been a tenant in said building since June 20, 1986 until present. I hope this answers any questions regarding Jimmy's Famous Pizza's tenancy in said location. If I can answer any further questions,please do not hesitate to correspond with this office. Very truly yours, COSSINGHAM LAW OFFICE, P.C. Scott A. Lakin, Esq ' e SAL/pdc Enc. cc: Demitriois Pougaridis Chris Adams 3212 8th Street Charlestown< Ma . 02129 FILE March 6, 1995 Sandra Starr, R. S. Board of Health 120 Main Street North Andover , Ma. 01845 Dear Sandy; Please be advised that Andover Septic Pumpers have been dismissed and no longer services our septic tank at 1591 Osgood St .' North ` Andover, Ma. behind Jimmy's Famous Pizza. Reason for dismissal : They could not substantiate their claim that we were having septic and leaching field problems which required pumping services every other week. As landlords, we were never notified of any problem. We asked for statements and cancelled checks to prove their allegations . They could not produce that proof to validate their claim. It is apparent they and Jimmy's Famous Pizza fabricated septic problems which did not and do not exist . Subsequently, I have noticed, b certified mail , the tenants Jimmy's Famous Pizza and Kravens Bakery f & Deli that they do not have the authority to call any septic tank company to service the system. That is the responsibility of the landlord, S.P.E.C. Realty Trust . They should notify me as trust manager and I will handle any calls for service, if necessary. Previously, I indicated to you that Jimmy created the problems for us because he did not want what he thought would be competition. We took careful consideration to protected him, by way of the use clause. Kravens can not sell pizza, fried foods, grilled foods , or any sandwiches on torpedo rolls . To this day, there does not appear to have been any loss to Jimmy's business and we continue to feel that Jimmy will ultimately gain business because of the added traffic that Kravens brings to the area. Four months have passed and there has not been any complaint from either tenant concerning septic tank or leaching field. This is proof positive that the septic tank and the leaching field is properly functioning and able to accept the tie-in of Kravens Bakery. We had a problem two and a half years ago which we corrected. Since then there has not been any evidence to warrant concern. We are responsible landlords . We have owned the property since 1958 . As responsible landlords, will continue to address and correct if and when a future problem arises . Very r y yours, Christopher V. Adams , Mgr. S.P.E.C. realty Trust U 22 Dugway Road Newton, New Hampshire 03858 December 7 , 1994 TO WHOM IT MAY CONCERN: Please be advised that I Stephen Goff preformed services for Chris Adams manager of S . P.E. C . Realty Trust . The problem addressed was excessive water seeping into the septic tank . This condition was brought to our attention by complaint of the proprietor of Jimmy's famous Pizza. Upon examination of the terrain, I noticed that the elevation of the manhole cover was below ground level causing water seepage from the roof and the higher level of the existing grades to funnel into the .septic tank manhole . To remedy this problem we installed crushed stone along the back .perimeter of the building and raised the manhole . Thereafter we closely monitored the septic tank to see if the work corrected the problem. The results confirm that we diagnosed the problem correctly and the work -performed corrected the problem. Services preformed on the trust property located at 1591 Osgood Street North Andover , Mass . were completed during the latter part of November 1992 . I have conversed with Mr . Adams several times during the past two years , and when I brought up the matter of the septic system, he stated that everything was working fine and had not heard any complaints for his tenant since that time. If you have any questions concerning this matter, feel free to contact me at 1-( 603) 382-4623 . Very truly yours , Stephen Goff Engineer s 22 Dugway Road Newton, New Hampshire 03858 December 7 , 1994. TO WHOM IT MAY CONCERN : Please be advised that I Stephen Goff preformed services for .Chris Adams manager of S . P .E . C. Realty Trust . The problem addressed was excessive water seeping into the septic * . tank . This condition was brought to our attention by complaint of the proprietor of Jimmy ' s famous Pizza . Upon examination of the terrain, I noticed that the elevation of the manhole cover was below ground level causing water seepage from the roof and the higher level of the existing grades to funnel into the .septic tank manhole . To remedy this problem we installed crushed stone along the back perimeter of the building and raised the manhole . Thereafter we closely monitored the septic tank to see if the work corrected the problem. The results confirm that we diagnosed the problem correctly and the work -performed corrected the problem. Services preformed on the trust property located at 1591 Osgood Street North Andover, Mass . were completed during the latter part of November 1992 . I have conversed with Mr . Adams several times during the past two years , and when I brought up the matter of the septic system, he stated that everything was working fine and had not heard any complaints for his tenant since that time . If you have any questions concerning this matter, feel free to contact me at 1- ( 603) 382-4623 . Very truly yours , �\\ 7Ae Stephen Goff Engineer �aattitsittr��ttllatttt'rttrajr�at�taitil��.�tttar}rf +ttt � sd.s,� Lbbl j L61� THE COMMONWEALTH OF MASSACHUSETTS FISCAL YEAR 1995 REAL ESTATE TAX BILL TOWN (� NORTH AN O VE R Based on assessments as of January 1, 1994 your REAL ESTATE TAX for the fiscal year beginning July 1, OFFICE OF THE COLLECTOR OF TAXES 1994 and ending June 30,1995 on the parcel of REAL ESTATE described below is as follows: MAKE PAYMENTS TO TOWN OF RD QTR - DUE FER 1,1994 NORTH ANDOVER . OFFICE HOURS-. BILL NUMBER TAX RATE RES DENTIAL 0 EN CLASPACE COMMERCIAL IND STR AL T E!E S D AY-FRIDAY 8 .3 O A M 4.3 O P M. PER$100 TOT.TAX RATE ,.3 �- 4 - 4 -4 ! M— HEAL EbPROPERTY IDENTIFICATION DESC. CLASS TATE VALUES VALUE SPECIAL ASSESSMENTS TOT.TAX&SPEC.ASSESS.DUE LAND 7A N D 1-930 A LAND 3 249200 PRELIMINARY TAX 3318-70 ARE.A r r� BLDG 3 183400 PRELIMINARY CREDITS MAP: r�r03X410 PRELIMINARY OUTSTANDING '.tg004 00000 EXEMPTION BOOK 01940 3RD QTR.TAX PYMT.DUE FEB 1 PAGE" 0024 D/D 03/15/85 TOTAL [� VALUE 4 E%EMP. T�ALUATIONE1 -3 TOT.SP.ASSESSMENTS CURRENT CREDITS •' '•' •' • TOT.REAL ESTATE TAX 1 CURRENT OUTSTANDING 'LOCATION JS q PAGE/LINE 993 1 PRELIMINARY TAX -a -7 BALANCE DUE .0 3 Z OOOD STREET 3RD QUARTER PAYMENT THIS FORM APPROVED BY THE COMMISSIONER OF REVENUE 4TH QUARTER PAYMENT COLLECTOR OF TAXES INTEREST S P E C REALTY TRUST KEVIN F- MAHONEY . CHRISTOPHER V ADAMS-t TR Interest at the rate of 14% per annum will accrue on overdue 3 212 EIGHTH STREET OFFIEE COPY payments from the due date until payment is made. CHARLESTOWN MA 02129 115 95 06642000 7 0000148653 5 COPYRIGHT 1994 ARLINGTON DATA CORP. THE COMMONWEALTH OF MASSACHUSETTS FISCAL YEAR 1995 REAL ESTATE TAX BILL TOWN 0 NORTH AN D(}V {' Based on assessments as of January 1, 1994 your REAL ESTATE TAX for the fiscal year beginning July 1, OFFICE OF THE COLLECTOR OF TAXES 1994 and ending June 30,1995 on the parcel of REAL ESTATE described below is as follows: MAKE PAYMENTS TO TOWN OF 3€?D QTR - DUE FEB 1.,1995 NORTH ANDOVER - OFFICE HOURS= BILL NUMBER TAX RATE R SOENTCIEN SPACE OMMERCIA-L ND STR AL T.UE S D A Y—F R ID A Y 8.30 A M—4-3 0 PM PER$100TOT.TAX RATE CLASS 3 CLASS 4 _ - •46 4 .46MONDAY 8:30AM-7:30PM- . L642 PROPERTY IDENTIFICATION DESC. RELASS TATE VALU VALUE SPECIAL ASSESSMENTS TOT.TAX&SPEC.ASSESS.DUE LAN • f 3 0 A BLDG LAND 7�r 3 249200 PRELIMINARY TAX 3318-711 AREA (� t-t B L D G 3 183400 PRELIMINARY CREDITS — MAP: t7 X03 4�(01-� PRELIMINARY OUTSTANDING18-18 1_r[/.t�,04 00000 EXEMPTION BOOK 01940 3RD QTR.TAX PYMT.DUE FEB 1 1 PAIGE 0024 D/D 113/15/85 TOTAL 4 VALUE RES EXEMP. TOVALUATONE TOT.SP.ASSESSMENTS CURRENT CREDITS •' ••' •• • TOT.REAL ESTATE TAX 6,255-40 CURRENT OUTSTANDING LOCATION PAGE/LINE PRELIMINARY TAX3-,318 .70 BALANCE DUE11486-53 591 OSGOOD ST ti3RD QUARTER PAYMENT � —J THIS FORM APPROVED BY THE COMMISSIONER OF REVENUE 4TH QUARTER PAYMENT 1-o,468 COLLECTOR OF TAXES JINTEREST S P E C REALTY TRUST KEVIN F- MAHONEY CHRISTOPHER V ADAMS,: TR Interest at the rate of 14% per annum will accrue on overdue 3 212 EIGHTH STREET OFFICE COPY payments from the due date until payment is made. CH ARLE STOWN MA 02129 115 95 0664 2000 7 BOOD14865 3 5 nnovoin ur.non nni,n,rTnni Horn nr�nn TOWN OF NORTH1 • TOWN OF NORTH ANQOVER7' BOAR[?OF HEALTH APR 2 8 ►c�q ggMemo ; To: Sandra Starr, Health Administrator From: Ann M. Keating, Administrative Secretary Date: April 28, 1999 Re: Chris Adams Chris Adams came in to see the Town Manager today. I told him he would need an appointment and would get back to him. Please give me an update on this matter as soon as possible. I have enclosed copies of the documentation he gave me. Thank you. Enclosures /amk 0 Page 1 C61 7 NEW ENGLAND ENGINEERING SERVICES --_ I N C October 1, 1997 Chris Adams 1591 Osgood Street North Andover,MA 01845 Re:Existing Septic System Dear Mr.Adams: Thus letter is being sent to you to convey my opinion of the existing septic system at the above referenced address. Several weeks ago I inspected the system in your presence to asses its operating condition_What was discovered was the level of the effluent was above the inverts in the septic tank,however there is a large amount of storage above the inverts and the liquid level was 18 inches below the top of the tank. In my opinion the system is taking water at a slow rate and is not backing up to a point where it is a health hazard. This is evident by the fact that the tank has not had to be pumped in close to two years. If the system is not in the groundwater,which can be determined by soil testing and locating the level of the existing system,then the system may not be a pollution or health hazard. At this point in time I feel that soil testing should be done to determine where the water table is in relation to the bottom of the existing system. If the system is above the water table the system is working,although slowly,and is not polluting the groundwater or posing a health hazard. If you have any other questions or concerns please do not hesitate to contact this office. Yours truly, Be-4 C.Osgo�,/,EIT 33 WALKER RD. - SUITE 22 - NORTH ANDOVER, MA 01845 - (508) 686-1768 c 3212 8ffi 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 1400 sq. ft. space located at 1591 Osgood Street, North Andover till a Title 5 inspection was completed. Now that we have done that and have passed we assume we may rent the space. We have several potential renters, one being Oceanside Energy of Worcester. Should you have any problems with this, please notify us immediately and schedule us to appear at your next meeting on June 25, 1998. Thank you. Very truly yours, Christopher V. Adams, mgr. S.P.E.C. Realty Trust cc Professor Thomas Phalen Larry a Smith, V. P. Oceanside Energy, Inc. t P.O. Box 574 1591 Osgood Street North Andover, Ma. 01845 March 17, 1999 Gayton Osgood, Chairman Board of Health North Andover, Ma. 01845 Dear Chairman Osgood; Please be advised that our engineer Professor Thomas Phalen and 1 would like to attend and be heard at your next Board of Health meeting. We will call for date, time, and place. Thank you. Sincerely, Christopher Adams Cc Professor Thomas Phalen Cl 7�) gF—9 7o: adatns From: Prof. Thomas E. Phalen Jr. 781-729-4372 12/18/98 22:38:40 Page 1 of 1 Sent by the Award Winning Cheyenne Bitware �Qll.1LG�G2� C�/L�G/GC��J -'r `�ugBuae_C1Js use ��'xY(fet°z.S�firet �' tes;.-6'2i�11ar/lu.�tGt O:d'90 ��/11;,/✓G��tP�.9¢U�u,.1F.ttJ G'99%C' December 18. 1998 Board of Health N. Andover, Ma.01845 Ms. Sandy Starr Re: S.P.E.C. Realty Trust(Chris Adams) 1591 Osgood Street. No. Andover, Ma. 01845 Dear Ms. Starr: On this date this note is to inform you that the writer has been informed that the observation well to be installed on the above noted site will be installed on December 20, 1998. You are welcome to be at the site at your convenience. Very truly yours, 'A kk Prof Thomas E. Phalen, Jr. President TEP/efb phone file TOWN OF NORTH ANDOVER> - - --- ---------- BOARD OF HEALTH 19 M9 Memorandum 3 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 , 1 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 g.r e trap presently existing under the ware washing sink was adequate for ki.t&"s.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 leswith the Board of Health. v ': ave any additional questions please contact me. } INTERNAL MEMORANDUM DATE: January 11, 1999 TO: Jim Diozzi,Plumbing Inspector FROM: Sandy Starr,He�dth AdtJti�'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 plea,,e respond to this statement in writing so that we may determine an appropriate action. �3I.M6rch 63.4.699 3:45 PPR To:ADAMS,CHRIS From:Prof.Ttmma%E_PtmM Jr.. 72-3-4372 Papa:2 of 3 ASI, !St(�JS•F(�d AJdiF�.G^JF✓I& e"AftG :> Fit..:�Ei<L��1Y1K'•'i f„�7,+G a{irQiGC.'%'.i-%`.i^ N':' March 3, 1999 S.P.E.C.Re,&Y'lrust h.1r.Christopher AAams(True) 13910%'Iod street ?4arth Andover,11:101945 Re: Greme'TMP 1591 Osgood Street North Andover.W01945 Dear Chris: This letter iia inrefetm m to yaw requed about cluestions rzlated to a BMW trap for JhWkV`s Pim at t1re above addscss.The concern of grease Wing found in the septic tank w,as first ulna�:ed during our Twent Title 5 work to identify whether the SDS A.sum ruts oPeratntg Properly The qrtem seas tbund to W opaafug P y when em offen&S ase was removed from the inlet cud.the outki and and the tank its%!£ At this juncture it was clear that once thu olfeuding Wase was rc;m*-.vd tltz system opauted properly audthat the grease found carne from direct dwnping into the septic umk. This vias the basis for the Title 5 mport submitted to the BOH at-.shich time the gram trap issue was raised by the BOH and e Wiesoedw Sutsequcnt to this the ss'riwr for the Sxst time investigated and fo►uid Is ProP0 e+:as<:ttnp for testazuut use was m&- in place and opemt'sas3 l�roP� Mme fact was torted by the Plumhiu$ MS.P.E.0 for and so repmted. .Cleark this has estabiishedil*a p oper grease trap did cxi d Hard it did mmet all oftlte localltrcisdiatiattal criteria and as a rein$is-Wand fathered”and as far as complia=and operation is camerred. '11=desip ora grease trap in any ratautarxt op+c VdQn is geamd properly to locating tltc gra trap as close to the source ofpotential Smaw in awh a fa"Onthat dw gtvaso tremed fluid is wparatcd fi-cm Om=timal human L%aaw prier to having the atrtuxure. 1n&PMC.tion of the property h=rc-.'ealed that this is emwtly the ronditiau that exists oa IMB prop. A rcviest of the hiswn of this approved system iudicdes that*e Wow trap wa6 installed and approved by,.1�approving agencies 90inS!sack intro at least the 146C�'U. in other�rards th+e etdstittg m its eutx+ent position Mom iaip tanct it has been found that ttm grmc ,,case trap is a 1cga1 trap is in proper working order. The WsWlatioa ofan exmrior 1000 SAOn grease trap of the type mgwestcd is c'SiCtittally Ovming mother septic took in nhich partial Vmft=U=mt curl of the%CPUW-.%Quid take place prior to the primary septi+ctaukthctstlact«oteunlos would be in series. Furaw Title 5 critical setbsAs canbiOgd.t'Vith-ft cafim ,,.actual,e�sti ,la�:atiwx vii=recpa�s-ma.Ior raxioa of ttw, .sy . clearly this Will bLcornp a major capital outlay. Vednesday.March 03.1999 3:45 PM To:AQAMS,CHRIS From:Prof.Thomas E.Phaein Jr., 729.4372 Rage:3 ct 3 The Board of Health quite correctly hasjurisdiction relative to how restaurants manage their - este particularly Wten the 1><wdl ng may create a hazard to public health. In this case there is no question that Jimmy's Pizza has become the offending participant. S.P.E.C. Realty has property provided the tenant with a satisfactory and fimctioning approved septic system that includes an approved grease trap. If an infraction of public health has been created then it is the obligation of governing agencies to require the offending organization(Jimmy's Pizza)to correct the infraction and install whatever is necessary to make the operation comply. S.P.E.C:.has provided a working system with an approved gTt:ase trap. Clearly any thing beyond this to accommodate public health concerns is the legal rcqui ement of the of cc dmg operator. It should be further noted that is Very clear that the offending grease that found its nay into the system appears to have been placed in the systcrn via the access manholes in the mar. To eliminate this- problem hisproblem a simple looking system for the covers can be installed. In oonclusion A,ve twill be more than happy to prepare plans for an exterior grease trap. However, a proper and legally approved grease trap currently exists. The addition of a second grease trap will be overkill and will not ensure that exterior covers will not be lifted for dumping of grease into the septic systan. (A simple lock would handle this problem). The request for a second grease trap by the property owner rather than the offending party appears to be penalizing the wrong party. It should also be noted that a conflict bowecn Plumbing Codes and Health Codes appears to exist in a situation%,there obviously Plumbing and Board of Health prior approval has existed. Should reason%%ith the local B0I1 management not succeed then this conflict and the reasons for the confli�•t and ob%ious prvt ious approvals should be brought to the attention of the BOII and if this fails tll n the necessary proper appeal should be carried forward to the state level. Clearly approvals do exast and the second grease trap is overkill and the action is being brought against the wrong party. Further any tenant described by you that is now put into the remaining space clearly will not adversely affect the SITS system operation and occupancy should be granted while the question of the grease trap i5 being adjudicated and the proper party is made responsible. Should there be any further questions please call at your convenience. Vey truly yours, o��kp13H OFMaw y M Prof. Thomas E. Phalen.Jr. ftVA ...., 8172President 8172 `° 617-567-6669Fj� grea"6 ridgy,March 26,1999 8:33 AM To:ADAMS,CHRIS From:Prof.Thomas E.Phaeln Jr„ 729-4372 Page: 1 of 1 Town of North Andover N4RTM OFFICE OF t°4 j e •4��0 COMMUNITY DEVELOPMENT AND SERVICES n 27 Charles Street North Andover, N4assachusetts 01845 M '►*'° "'`.g WILLIAJ. SCo,f11 Drrecror (978)688-9`",I Fax t9781688-9542 S.P.E.C. Christopher Adams 1591 Osgood Street No. Andover, MA 01845 Dear Mr. Adams. I understand that you have requested to be on the Board of Health's next meeting agenda. All of our meetings are public and we certainly cannot prevent anyone from attending. However, we will not put you on the agenda for this or any other meetings until we have first received and reviewed plans for the installation of grease trap as stated in a previous letter. Any further discussion at a BOH meeting will be limited to technical issues only. Sincerely, Gayton Osgood, Chait-nlan cc: T.Phalen,Jr. File Z 115 793 831 Receipt for Certified Mail No Insurance Coverage Provided .s Do not use for International Mail (See Reverse) Sent to S.P.E.C. Realty Trust Street and No. P.O.,State and ZIP de char-lestQwn A A01 00 Postage $ 2 . 29 Certified Fee Special Delivery Fee Restricted Delivery Fee CO Return Receipt Showing - C) to Whom&Date Delivered r = Return Receipt Showing to Whom, 2 Date,and Addressee's Address TOTAL Postage $ 2 . 29 C &Fees Postmark or Date CIO M sent 12/20/94 9 0 LL co a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). m 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address E2 leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier Ino extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return M address of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Farm 3811,and attach it to the front of the article by means of the gummed to ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. c SCD 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. f 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If LL return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 105603-93-13-0218 �i HORTF� '•o •'�° BOARD OF HEALTH 3? e�.; • OL N A 1 • i 120 MAIN STREET TEL. 682-6483 ♦ o 'a .o SACMUSEt�y NORTH ANDOVER, MASS. 01845 Ext23 December 16, 1994 S.P.E.C. Realty Trust Christopher Adams, Trustee 3121 Eighth Street Charlestown, MA 02129 RE: 1591/1593 Osgood Street, North Andover Dear Mr. Adams: This letter is a followup and clarification of our telephone discussion earlier today concerning the septic system at the above site. 1- The Board of Health requests a written document from you or your attorney stating that the septic tank at 1591/1593 Osgood Street will be monitored and inspected monthly. You stated that you will be hiring Stewart' s Septic Service to service and maintain the system; they should be informed of the requirement to inspect the system on a monthly basis and send a report to the Board of Health. 2- The Board of Health will permit Kravin's Bakery to open and operate on the condition that the septic system continues to function properly. Any indication of septic system failure will require you to repair the system as needed immediately. 3- The septic system and this agreement will be evaluated in June 1995 if not before to determine whether the monitoring of the septic system must continue, whether the system requires repair, or whether this agreement may be dispensed with. If you have any questions, please call the Board of Health office at the above number. Sincerely, Sandra Starr, R.S. Health Administrator cc: G. Perna, Dir. DPW, Acting Dir. PCD S. Dalton D. Dougaridis BOH 05!13199 12:36 FAX 6175676669 Chris Adams LD1 / 0 : a 1591 Osgood Street North Andover, Ma. 01845 May 13,1999 Town Manager Robert Halpern g Town of North Andover North Andover, Ma. 01845 �. Dear Mr. Halpern; Thank you for your part in arranging the meeting with the Board of health officials. We are not or have ever been a health hazard however, I propose the following solution to resolve the matter. Allow us to lease the space so that we can flake in revenue to pay for the installation of the grease trap within a two year period, I will sign and guarantee any agreement stating same. This will give them what they want and we can go on with our lives. R.S.V,P. (617)567-6669. Sincerely, Chris Adams Cc George Stella, Esq. TCU} 0RT'HA N'DGV£R/ En6.30 C= '�r-.LT 1 MAY 1 91999 r 05/13/99 13:38 TX/RX N0.5090 P.001 Town of North Andover t NORTH OFFICE OF 3�0 st,'90 , .110 L COMMUNITY DEVELOPMENT AND SERVICES ° . 27 Charles Street 09 ^; WII I,IAM J. SCOTT North Andover, Massachusetts 01845 �9So4A Ffo Director (978)688-9531 Fax(978)688-9542 May 17, 1999 Claire Golden DEP NERO 205 A Lowell St. Wilmington, MA 01887 RE: 1591 Osgood Street Dear Ms. Golden: I am forwarding to you a copy of a Title 5 inspection report on a site in North Andover. Although the inspection is stamped, it is not signed. Some of the information in the report has, and continues to be, in question. The inspection report states that there is no grease trap and a recommendation is made that one be installed,yet in a subsequent letter(enclosed), the inspector states that there is one present. He also states that some time after the inspection,he actually inspected the premises. There has been much discussion about groundwater, which the inspector stated is not a problem. However, at least three other soil evaluators have recently tested in the general area of the site and have determined groundwater to be around 5' 5"or significantly less. Board of Health records were not consulted at any time. All in all there are many conflicting statements in the report and in subsequent correspondence. Please feel free to call me with any questions. Sincerely, Sandra Starr, R.S. Health Administrator Cc: BOH File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Q 4 Z 115 794 395 Receipt for Certified Mail ® No Insurance Coverage Provided uwrmsr�rEs Do not use for International Mail EMX SERVICE (See Reverse) Sent to -Christopher Adams Street and No. '1121 Eight--h P.O.,State and ZIP Code Charles;-Eownf MA 02129 . Postage 1 Certified Fee Special Delivery Fee Restricted Delivery Fee T Return Receipt Showing Ol to Whom&Date Delivered r L Return Receipt Showing to Whom, Date,and Addressee's Address t0 "r$2 . 52 M TOTAL Postage ca &Fees Postmark or Date coM E sent 4/30/97 `o U. d STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). N 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). IC `, 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return c) address of the article, date,detach and retain the receipt,and mail the article. t 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed CoCo ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. CO v 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, Crl endorse RESTRICTED DELIVERY on the front of the article. 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If ILL return receipt is requested, check the applicable blocks in item 1 of Form 3811. Cn CL 6. Save this receipt and present it if you make inquiry. 105603-93-13-0218 A) Town of North Andover OFFICE OF 3?°. •, �'c COMMUNITY DEVELOPMENT AND SERVICES M' A • ._,.,� • 146 Main Street • _ � North Andover,Massachusetts 01845 WILLIAM J.SCOTT 9SSACHus�t Director April 30, 1997 S.P.E.C. Christopher Adams, Trustee 3121 Eighth Street Certified#Z 115 794 395 Charlestown, MA 02129 Re: 1591 Osgood Street, North Andover, MA Dear Mr. Adams: This letter comes as a follow-up to our meeting of April 28, 1997. As I informed you, the issue of the inspection of your septic system at 1591 Osgood Street, North Andover, MA was discussed at the recent Board of Health Meeting and the Board was in agreement that before additional flow be added to the system at your facility which now houses Jimmy's Pizza, the septic system must be inspected. This decision is in line with 310 CMR 15.301(5), a copy of which was previously mailed to you and another copy given to you 'on April 28, 1997 at our recent meeting. I would also direct your attention to 310 CMR 15.301(9)which you have and 310 CMR 15.023 which is enclosed. If you wish to appeal this decision, you may appear at the next Board of Health meeting to be held on May 22, 1997 at 7:00 P.M. in the Library Conference Room at the Town Hall in North Andover. If you wish to appear, please send a request to appear in writing to the Health Department at 146 Main Street, North Andover, MA within seven (7) days from the receipt of this letter. Sincerely, Sandra Starr, R.S., Health Administrator S S/cjp Enclosure cc: William Scott, Director, P&CD Robert Halpin, Town Manager Board of Health File BOARD OF APPEAIS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.021: continued (4) A Certificate of Compliance shall not constitute a statement that the system will function as designed nor shall it in any way limit the powers or responsibilities of the local approving authority or the Department to enforce any requirement,or to take any other action to protect public health, safety, welfare or the environment. (5) The approving authority shall give to the building inspector or other official of the municipality responsible for the issuance of a Certificate of Occupancy pursuant to'780 CMR 100 a copy of the Certificate of Compliance. No person shall apply for a Certificate of Occupancy to inhabit or use new construction until a Certificate of Compliance has been issued by the approving authority. 15.022: Duty of Compliance Except as otherwise specified,the duty to comply with the provisions of 310 CMR 15.000 with regard to any system shall be upon the owner(s) and the operator(s)of a facility served by a system,jointly and severally. 15.023: Approving Authority Access The local approving authority or the Department may at any reasonable time examine facilities served by systems in order to determine compliance with 310 CMR 15.000 and any permits,approvals or orders issued under 310 CMR 15.000 or under local authority. If access to a facility is denied or restricted,the local approving authority or the Department may seek a warrant in 'order to obtain access. The filing of an application for a Disposal System Construction Permit or other approval under 310 CMR 15.000 shall constitute the applicant's consent for entry at reasonable times for these purposes. a_ 15.024: Violations of 310 CMR 15.000 - x _ It shall be a violation of 310 CMR 15.000 for any person to: (1) construct or use a system in any manner that is not in compliance with an applicable Disposal System Construction Permit, Certificate of Compliance, other approval or'order, (2) use, modify,or alter a facility in such a way that a larger system is required under 310 CMR 15.000 using the design flows at 310 CMR 15.203 without the approval of the approving authority in accordance with 310 CMR 15.000; (3) aggregate facilities or divide a facility into separate facilities without complying with i the provisions of 310 CMR 15.010; (4) construct,upgrade,or expand a system without the prior approval of the local approving authority or the Department. in the form of a Disposal System Construction Permit or approval of an emergency repair, (5) fail to take necessary corrective actions as directed by the local approving authority or the Department in accordance with 310 CMR 15.000; (6) fail to obtain an inspection in accordance with 310 CMR 15.000 when and as required; or (7) violate any other provision of 310 CMR 15.000, or local requirements. 15.025: Enforcement by Approving Authorities (1) The provisions of 310 CMR 15.000 shall be implemented and enforced by the approving authority with oversight and assistance by the Department as necessary or as set forth in 310 CMR 15.000. 3fz4/95 (Ei,ective 3/31/95) 310 CMR - 500 MbT10t'd1d,m To: Bob Halpin, Town Manager CC: Wm. Scott, Dir. CD&S BOH From: Sandra Starr, Health for Date: April 28, 1997 Re: 1591 Osgood Street Septic System Inspection The Health Department and the Board of Health has been dealing with Mr. Chris Adams for some weeks now about his property at 1591 Osgood Street. He wishes to rent a currently-vacant portion of his building. In order to do this, since the site is on septic and there is a proposed change of use, the system, according to Title 5, needs to be inspected. Mr. Adams has been and continues to be diametrically opposed to the inspection of his system. From this I can only infer that he suspects, or, worse, knows, the system is in failure. I have brought the issure to the Board of Health and they concur with me; the system needs to be inspected. He is currently making threatening noises about lawyers, etc. so I thought it might be prudent to fill you in by sending you the entire file of correspondence for reference. I had another meeting with him this morning and reiterated that the system needed inspection. 1 Town of North Andover. , NORTp OFFICE OF 0?O`teo ,s6ti00� COMMUNITY DEVELOPMENT AND SERVICES ►- A 146 Main Street +, 9 « North Andover,Massachusetts 01845 �, WILLIAM J.SCOTT 9SSACHUS�� Director April 24, 1997 S.P.E.C Realty Trust Chris Adams 32128 1h Street Charlestown, MA 02129 Dear Mr. Adams: To reiterate the telephone message I left on your answering machine on April 24, 1997 and the previous correspondence sent you including a copy of the pertinent section of Title 5: when there is a change of use for a facility on an individual septic system, the system must be inspected to determine whether it is functioning properly and whether it is properly sized for the flow rate resulting ' from the change in use. In order to move ahead with your plans, please simply have your septic system inspected. It can be done with no disruption to the property. Sincerely, Sandra Starr, R.S. Health Administrator Cc: R. Halpin, Town Manager W. Scott, Dir. CD&S BOH File BOARD OF APPFAIS 688-9541 BUILDING 688-9545 CONSERVATION 638-951q HEALTH 688-9540 PLANNING 688-9535 NOOVERV 0 A fl--0 TGAIN OF N.-,',)RTH A 8 0 F V1 E ALT 7HA E APR 1 7 1997 3212 8th Street Charlestown , Ma. 02129 Aril 1997 Sandra Starr Health Administrator North Andovi!'l. , Ma , 0184" Daai: Sandy ; we have ,be-'en informed by Ad ores Royale d/b/a Act6f '-s ( out ptoposed tenant ) that she will occupy rental space in arictht-1: location if we cannot lease our property to her by May 1 , 11397 , 1 do not want to bore you with our fiaancial but t1l".1S. property has not been rented for 3 1/2 of the last 4, 1/2 year:; , Finding tenants has not been easy and new state/ town re.gulatllari;li , i . e . Title 5 septic tank inspection , have not made it any There are no guarantees for entrepreneurs . insuraoct: , liCEl'lSi its fees , planning board review fees , personal propery 11-.axes , anis Leal estate taxes must be paid regardless of profitability . We are in our thirtieth year of paying taxes on this; property . year , we are assessed an increase of over $700 . 00 on out � ir.al estate tax , we fail to see any justification in this inCLrU!;;e without additional service provided . Concerning our immediate issue, bringing town sewerage to the area would be the permanent solution . 4.urely after over thirty -)f paying taxes , North Andover' ' s largest tax j.,,aYe-r ( formerly A. T . & T . ) as well as other manufacturers and bu-sinvs,,ez across the street deserve at least 1--his basic service . we voluntarily made attempts to alleviate and improve ou,:* sE� It- JLI, system by raising the septic tank covers by six inches and behind the building where we filled in with crushed stone . T�iese measures improved the overall function of septic syzfl-eltlt azld '_116 leaching field is ahsoLbing and. functioning well as intended , evidenced by its current history . I recall that you told mc: that pumping our septic tank two ol- thi-- ee times a yea): was acceptable. It has been seve,.,Leen ( 17 ) mnivtll' L-- since the necessity to pump our system -- evidenced by SatesQi., report which is in your possession . Last pum -ing date .11/ 29/ 95 . There must be some 1atLtude for -.ommon sense in tl-,.Pse law.s . Time necessitates your ivnediate response . sincerely , Christopher V . Adams , Mgr . S. P . E . C . Realty Trust cc RoLert. Halpin, Town Managet• North Endeavor . Atty . Joseph Spinalle 3215tri_'G't 1:haL-iestown, Ma , 021.2:0 April 114 , 1997 Sandra Starr R. S . Meal-I-1h Admi nistrator North Ma . 01845 Deat. c,a11C1y , "hank you for your letter of March 14 , 1997 , "concerning efforts to bete-rmine our septic tank status and letter from Susan Ford requesting pumping reports on they septic tank system as a whole" , ( as well correspondence which occurred in 1994 and 1995 ) . You 5tafted "there was no response from any agency to this request" . On Mar--.h 6 , 1995 we sent you a certified letter- stating that 71r�r�'!y ' i,amous Pizza along with Andover Septic Pumpers Inc . created a probleir for us . Jimmy made false allegation, that we were having sept l`c tank system probl ems requi.r.i.ng by/weekly pumping . They Could riot prove their allegatioris - in the form of pumping statements or cancelled cheeks , Jimmy tried every way he could to keep Kravens Deli/Bakery from opening because he did not want what he thought would be coMpetition. The lease protected .jimmy by restricting Kravens from selling pizzas , fried foods , grilled foods , and saridwiches on torpedo rills . Kravens business never effected 'rim. Food courts bring more people and increaser !-.,uginess for evek'yone . We dismissed Andover Septic Pumpers Inc . aria our tenant Jimmy ' s Farious Pizza, was instructed that. ;.u.t:ure pumping could not be done without landlord inspection/approval and only by Bateson Enterprises Inc . who we hired at your suggestion as an approved town pumper . He agreed to monitor the system as per your request . We Fey:l we are responsible and r,:t:5ponsive , having cooperated with all town boards and. their reasonable requests since property owner.-h.ip i.r, 1058 . In this regard, we took extra precautions to elimi,zate excess: water from entering the system by raising the srlti tank cuver:� and digging a trench behind the building where we fil iNri in with crushed stone . I gavr a copy of the last Batesw� pumping report ;statement to Susan Ford , thr week of March 7 , i997 . She said that she would put it in �u� file . Your letter of March 14th suggests that you were not aware o this , 5usari, a.m sure , will verify , I. "pcke with Bob Niceta , the IJu & t' i . q inspector , this past Friday Ise told me that ler wc.aic' help us a! "-, he could once we w e, apVl a ?:,,I Jas, wee: to tiie planning board for a waiver of site plan review wh'Lch states : "When in the opinion of the planning baatd , TOd EVS6 889 SgS :Ol 0609D7ELT9 SWHCH SI,�HO ET :t7T 2,6, VT ddH the alter of reconstruc,t.i ,n of an existing structure or use wl not have a significant impact" . The actors workshop wo-ald down grade our use f r oiij a pre appT: ov,�,ri food operation' to a limited educational facility . This use will significantly reduce the burden to the septic system - no grease and less water usage . We therefore ask you to reconsider and request an exception. Digging up the "D" Box which is c omewhere under the miniature gc_1'. f course would destroy our property and ruin our business--, at. a t.im( when it ' s economically on a down turn. Please advise a . s . a . p . Thank you . Sincerely , Christopher V . Adams , S . P . E. C. Realty Trust Mgr . P . S. I realize that Title 5 has caused much anxiety . i under::: ta'n6 also that you have a job to do . My frustra� ion , in ilo way ) was c: i is intended to be personal . cc Dede Royale, Actors Workshop Robert Niceta, Building Inspect.ar Robert Halpin, Town Manager Town of North Andover MORTN t , OFFICE OF 3? .",to s,a'ooL COMMUNITY DEVELOPMENT AND SERVICES 41 146 Main Street • b KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSAcmUS Director (508) 688-9533 June 8, 1995 S.P.E.C. Christopher Adams, Trustee 3121 Eighth Street Charlestown, MA 02129 RE: 1591/1593 Osgood Street, North Andover .Dear Mr. Adams: This letter is a follow-up to the agreement which allowed the permit issuance to Kraven' s Bakery. Condition number three from the agreement letter dated, December 16, 1994 states that, " The septic system and this agreement will be evaluated in June 1995 if not before to determine whether the monitoring of the septic system must continue, whether the system requires repair, or whether this agreement may be dispensed with. " To accurately address this issue, a complete status report from your septic pumper, must be submitted to this office. This report should include, but not be limited to, copies of pumping records including any comments noted. Response to this request will be expected within seven (7) days after receipt of this letter. If you have any questions, please call the Health Department at 688-9540. Thank you for your cooperation in this matter. Sincerbly, S san Ford Environmental/ Health Insp. SYF/cjp BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell gORTIr BOARD OF HEALTH 'y t • �0 120 MAIN STREET TEL. 682-6483 ,SS�GNUSES NORTH ANDOVER, MASS. 01845 Ext23 December 16, 1994 Edward Doyle Andover Septic Pump, Inc. 12 Dale Street Andover, MA 01810 Dear Mr. Doyle: On December 14 , 1994 I called your office at 475-2593 and requested that the last two years of pumping records for 1591 Osgood Street, North Andover be sent to the North Andover Board of Health. The woman to whom I spoke took my name and address and stated that they would be sent. The request was made because of the assertion made by one of your employees named Dave who stated that he has been pumping the septic tank at 1591 Osgood Street, North Andover for years, that the system is in failure. He stated that every time he has pumped it recently there has been leachfield runback which pours back into the septic tank from the outlet. Because we are trying to determine whether the system can accept an additional flow, we must investigate statements of this kind. Being in the business, I am sure you understand the situation. I would appreciate it if you could send me any pumping information you have on this site as soon as possible so we can settle this. Thank you. Sincerely, LJ- Sandra Starr, R.S. Health Administrator cc: G. Perna, Dir. DPW, Acting Dir. PCD BOH File pORTN ' BOARD OF HEALTH 120 MAIN STREET TEL. 682.6483 "SS, CHUSEs`y NORTH ANDOVER, MASS. 01845 Ext23 December 16, 1994 S.P.E.C. Realty Trust Christopher Adams, Trustee 3121 Eighth Street Charlestown, MA 02129 RE: 1591/1593 Osgood Street, North Andover Dear Mr. Adams: This letter is a followup and clarification of our telephone discussion earlier today concerning the septic system at the above site. 1- The Board of Health requests a written document from you or your attorney stating that the septic tank - at 1591/1593 Osgood Street will be monitored and inspected monthly. You stated that you will be hiring Stewart' s Septic Service to service and maintain the system; they should be informed of the requirement to inspect the system on a monthly basis and send a report to the Board of Health. 2- The Board of Health will permit Kravin' s Bakery to open and operate on the condition that the septic system continues to function properly. Any indication of septic system failure will require you to repair the system as needed immediately. 3- The septic system and this agreement will be evaluated in June 1995 if not before to determine whether the monitoring of the septic system must continue, whether the system requires repair, or whether this agreement may be dispensed with. If you have any questions, please call the Board of Health office at the above number. Sincerely, 12,)L6b2.LZ,) ,,4_,�_ Sandra Starr, R.S. Health Administrator cc: G. Perna, Dir. DPW, Acting Dir. PCD S. Dalton D. Dougaridis BOH ,AORTN BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 �,SS^CHUSESNORTH ANDOVER, MASS. 01845 Ext23 December 6, 1994 S.P.E.C. Realty Trust Christopher Adams, TR 3212 Eighth Street Charlestown, MA 02129 RE: 1591 Osgood Street, North Andover Dear Mr. Adams: According to the licensed septic pumper which services Jimmy's Pizza at 1591 Osgood Street, North Andover there has been leachfield runback into the septic tank on numerous occasions when the tank has been served. He has stated that the runback has invariably come from the outlet of the tank, thereby indicating that the leach area is overfull and is not disposing of the effluent as intended. This is strongly indicative of a failure of the leaching area. Because of this situation it is not possible to increase the amount of flow into the septic system; this therefore eliminates the ability of Kravin' s Deli to tie-in to the septic system at this time. Because the leaching area appears to be malfunctioning, the area must be excavated and inspected by a North Andover licensed septic installer to determine the cause of the backflow problems. A report on this investigation must be filed with the North Andover Board of Health. Until this is accomplished, the existing septic tank must be pumped periodically as necessary and inspected annually. If you have any questions, please call the Board of Health office at the above number. Sincerely, Sandra Starr, R.S. Health Administrator cc: S . Dalton D. Pougaridis J. Gordon, Town Manager G. Perna, Dir. DPW, Acting Dir. PCD File w R t SAN 0SEPTIC vaf�e P OM THIS BILL Customer Nanw; ( � -V P.O. Box 4173 B Station -Y ;- Service Location: dl/l KI Andover, MA 01810 f Phone: / / (508) 475-2593 Contact" Professional Septic & Drain Billing Address: Locally Owned and Operated City: - Zip: Emergency 24 Hr. Svc. —7 Days Special Instructions 7 M'Completed /10 Incomplete Reason: Per: AM/PM Services Rendered Vacuum Pumping Observations Drain Cleaning / 1ld Septic Tank Cl Good Condition ❑ Main Line /0 Drywell ch'old Runback (I Toilet Bowl C3 Leech Pit/Overflow fRid ingHigh C3 Kitchen Sink ElD-Box iiquid level) ❑ Bathtub/Shower ❑ Pump Chamber ❑ Full to Cover ❑ Vanity ❑ Grease Trap ❑ Excessive Solids ❑ Floor Drain ❑ Catch Basin Top/Bottom ❑ Yard Drain ❑ Portable Toilet ❑ Use No Powdered Soap ❑ Vent ❑ Other ❑ Heavy Grease ❑ Sewer Jet oty: ❑ Roots ❑ Other Size: ❑ Suggest Electric Footage: ❑ Under 1000 gallons ❑ 1000 gallons ❑ 1500 gallons Rootering ❑ 2000 gallons ❑ 3000 gallons ❑ IonsVan Called ❑ 5000 gallons C3other / ,f/_ %0900M i Misc. ❑Digging Charge O Backhoe hrL ❑ Inspection ❑ Location ���' ❑ Consultation ❑ Certification: P/F Y ❑ Service Call ❑ Estimate Reason: ❑ Labor ❑ Portable Toilet Rental ❑ Pump Repair ❑ Waiting Time ❑ Baffle ❑ Repair ' Digging Charge Is Per Driver ❑ Chemical Treatment Discretion ❑ other Description of Work Recommendations Terms of Payment Parts Vacuum Pumping Drain Cleaning NET 15 DAYS Tax Yr. Month Yr. Mon i V r Discount T & Conditions ❑ Cash ❑ Check Credit -Total . No responsible for damage yond curb line. 3. 1.596 per month will be charged to accounts past due. /I 2. AI omplaints shall be repo ed within 48 hours. 4. a purchaser agrees to pay all cost of.collection. Me undersigned agree tot s a Itions. Customer Signature Serviceman DOVER s r '� "°�' h �•• Da of Y 1i ✓4 E �Y 4 PA7 Customer Name: G 51� P.O. Boxf 4173 B Station Service Location. C//--- Andover, MA 01810 Phone: (508) 475-2593 Contact: Professional Septic & Drain Billing Address: Locally Owned and Operated City: Zip: Emergency 24 Hr. Svc. —7 Days Special Instructions pleted /❑ Incomplete Reason: Per: AM/PM Services Rendered , Vacuum Pumping Observations Drain Cleaning ]X ptic Tank ❑ Good Condition C3Main Line ❑ D ell �Leechfield Runback ❑ Toilet Bowl ❑ Leech Pit/Overflow io Riding High ❑ IGtchen Sink ❑ D-Box (liquid level) ❑ Bathtub/Shower ❑ Pump Chamber ❑ Full to Cover ❑ Vanity ❑ Grease Trap od Excessive Solids ❑ Floor Drain ❑ Catch Basin Top/Bottom ❑ Yard Drain O Use No Powdered Soap ❑ Portable Toilet C] Vent ❑ Other K Heavy Grease ❑ Sewer Jet C3 Roots Qty: E3 Other Size: j ❑ Suggest Electric Footage: ❑ Under 1000 gallons ❑ }000 gallons C31500 gallons RooteringS, Q� El 2000 gallons C33000 gallons ❑ 4000 gallons ,,I❑��V Called ❑ 5000 gallons ther �,�j : l^ci r Misc. ,- ❑Digging Charge C3Backhoe hrL ❑ Inspection ❑ Location ��e. ❑ Consultation ❑ Certification: P/F ❑ Service Call ❑ Estimate Reason: ❑ Labor ❑ Portable Toilet Rental ❑ Pump Repair ❑ Waiting Time ❑ Baffle ❑ Repair * Digging Charge Is Per Driver ❑ Chemical Treatment Discretion ❑ Other Description of Work (✓ l /C� (//7i /�% G AZZ Recommendations / T sof Pay ent : Parts Vacuum Pumping /Drain Cleaning Yr. Month Yr. Month NET 15 DAYS Tax Discount Terms & Conditions C3Cash C3Check Credit _ t. No responsible for.damage beyond curb line. 1.S%per month will be charged to accounts past due. To I 2. All complaints shalt be reported within 48 hours. 4 The purchaser agrees to pay all cost of,collection. undersigned aVe6lolne 7.dh n s. Customer Signature ` "' :-,,Serviceman 310 C,N,IR. DEPARTMENT OF ENN"MOMME TAL PROTECTIO\' 15.301 continued a nominee trust situation,whoever has authority to add a new beneficiary is responsible for the inspection. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (4) Exclusions. Inspection of a system is not required at the time of transfer of title of the facility served by the system in the following circumstances: (a) a certificate of compliance for the system has been issued by the approving authority within two years prior to the time of transfer; or (b) the owner of the facility or the person acquiring title has signed an enforceable agreement with the approving authority to upgrade the system or to connect the facility to a sanitary sewer or a shared system within the next two years following the transfer of title, provided that such agreement has been disclosed to and is binding on the subsequent owner(s);or (c) the facility is subject to a comprehensive local plan of on-site septic system inspection approved in writing by the Department and administered by a local or regional governmental entity, and the system has been inspected at the most recent time required by the plan. A comprehensive local plan may prioritize systems to be inspected on the basis of proximity to water resources, soil or geological conditions, age or size of systems, history of Performance,frequency of pumping or other routine maintenance activity,or other relevant factors, and may establish different schedules and frequency of inspection on the basis of such criteria, provided that all systems are inspected at least once every seven years by a System Inspector approved by the Department. (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 local building inspector is required. Unless the system is a cesspool,fail ng s set forth in 31ermit from 0 CMR 15.303 and 15.304(1),or a significant threat to public health,safety and the environment as set forth in 310 CMR 15.3 04(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 increases in actual or design flow to any cesspool or to any other system abovthe ext ting approved capacity shall,be n accordance with 310 CMR 15.352. Whenever o addition to an existing structure which changes the footprint of a building with no increase in design flow is proposed, the system inspection shall be an assessment to determine the location of all system components, including the reserve area,in order to ensure that the proposed construction will not be placed 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. (6) Systems with a design flow of 10,000 gallons per day or more at full build out shall be inspected by December 1, 1996 in accordance with the provisions of 310 CMR 15.006 (transition rules) and the applicable provisions of 310 CMR 15.300 through 15.354. Such systems shall be reinspected at least once every three years thereafter. (7) Shared systems shall be inspected annually. (8) When a facility is divided or the ownership of two or more facilities is combined s specified n 310 CMR 15.010(2) or (3), all systems serving the facility or facilities shall be inspected. (9) All systems shall be inspected when the owner or operator thereof is ordered to do so by the local approving authority,the Department or court. (10) The results of any inspection(s)required by 310 CMR 15.301 shall be submitted to the approving authority on a System Inspection Form approved by the Department within 30 days of the inspection by the approved System Inspector, provided that this sentence shall not be construed to require the owner of a system or a System Inspector to submit to the approving authority the results of a voluntary assessment of the condition of a system that is not performed to comply with a requirement of 310 CMR 15.301. Any system determined to require upgrade pgrade 11/3/95 310 CMR-546 { NORTIr Ot411.1G 1'V° BOARD OF HEALTH 120 MAIN STREET TEL. 682.6483 SACH Us� NORTH ANDOVER, MASS. 01845 Ext23 M E M O R A N D U M DATE: December 5, 1994 TO: Jim Gordon, Town Manager FROM: Sandra Starr, Healt CLAn3�strator RE: Jimmy' s Pizza, 1591 Osgood Street I wanted to apprise you of the status of the situation at 1591 Osgood Street in which Kravin' s Deli is attempting to open a bakery/delicatessen. Jimmy' s Pizza currently operates at the site, and he has a septic system about which we have no information. Kravin' s Deli - needs to tie-in to the current septic system for their sewage disposal. At the suggestion of the state DEP, I requested water usage rates for some facilities in town that are similar to w ; Kravin' s in order to calculate how much additional flow could be expected to be added to the septic system. I then requested Steven Dalton of Kravin ' s to hire a licensed septic installer/pumper to inspect the septic tank, D-box and leaching facility in my presence to determine the current size and condition of the system. Mr. C. Adams was in today to argue that this not be done. I would not feel comfortable about issuing a Food Establishment permit to operate for any facility for which there is a question about the proper and sufficient disposal of sewage. Since there may be some disagreement about the outcome of this, I thought I 'd let you know ahead of time what is happening. cc: G. Perna, Acting Dir. PCD File NORTN 00 BOARD BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 CH„SESNORTH ANDOVER, MASS. 01845 Ext23 December 6, 1994 S.P.E.C. Realty Trust Christopher Adams, TR 3212 Eighth Street Charlestown, MA 02129 RE: 1591 Osgood Street, North Andover Dear Mr. Adams: According to the licensed septic pumper which services Jimmy' s Pizza at 1591 Osgood Street, North Andover there has been leachfield runback into the septic tank on numerous occasions when the tank has been served. He has stated that the runback has invariably come from the outlet of the tank, thereby indicating that the leach area is overfull and is not disposing of the effluent as intended. This is strongly indicative of a failure of the leaching area. Because of this situation it is not possible to increase the amount of flow into the septic system; this therefore eliminates the ability of Kravin' s Deli to tie-in to the septic system at this time. Because the leaching area appears to be malfunctioning, the area must be excavated and inspected by a North Andover licensed septic installer to determine the cause of the backflow problems. A report on this investigation must be filed with the North Andover Board of Health. Until this is accomplished, the existing septic tank must be pumped periodically as necessary and inspected annually. If you have any questions, please call the Board of Health office at the above number. Sincerely, Sandra Starr, R.S. Health Administrator cc: S. Dalton D. Pougaridis J. Gordon, Town Manager G. Perna, Dir. DPW, Acting Dir. PCD File NORT1� /� BOARD OF HEALTH 40 r� - 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext 2 3 ,S SA HUS Et December 16, 1994 S.P.E.C. Realty Trust Christopher Adams, Trustee 3121 Eighth Street Charlestown, MA 02129 RE: 1591/1593 Osgood Street, North Andover Dear Mr. Adams: This letter is a followup and clarification of our telephone discussion earlier today concerning the septic system at the above site. 1- The Board of Health requests a written document from you or your attorney stating that the septic tank at 1591/1593 Osgood Street will be monitored and inspected monthly. You stated that you will be hiring Stewart' s Septic Service to service and . maintain the system; they should be informed of the requirement to inspect the system on a monthly basis and send a report to the Board of Health. 2- The Board of Health will permit Kravin's Bakery to open and operate on the condition that the septic system continues to function properly. Any indication of septic system failure will require you to repair the system as needed immediately. 3- The septic system and this agreement will be evaluated in June 1995 if not before to determine whether the monitoring of the septic system must continue, whether the system requires repair, or whether this agreement may be dispensed with. If you have any questions, please call the Board of Health office at the above number. Sincerely, Sandra Starr, R.S. Health Administrator _cc: G. Perna, Dir. DPW, Acting Dir. PCD S. Dalton D. Dougaridis BOH i Town of North Andover 0� NORTIy , OFFICE OF 3? y°`t do°c COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street ` s WILLIAM J. SCOTT North Andover, Massachusetts 01845 �9Ssgc►+uSE��� Director (978)688-9531 Fax (978)688-9542 March 24, 2000 Mr.Christopher Adams P.O. Box 574 North Andover MA 01845 Re: 1591 Osgood Street Dear Mr. Adams: I inspected the tie-in to the new exterior grease trap on March 23, 2000. Please be advised that you are in violation of the Mass State Plumbing Code. The work was not done by a license plumber and there are no records for permit applications for the project. The use of PVC in a commercial building is not allowed. Please have your plumber call me at 978-688-9545 in order for us to resolve this matter. Very truly yours, )14 eS oz4 JD/jm Plumbing Inspector Cc: Standra Starr, Health Administrator D Robert Nicetta,Building Commissioner,- Register ommissioner, -Register Mail #Z 370 627 411 Z� BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 - -- -_ f��►c.�...�j�i.-f 7'�c - � �,. "'7R"� oL�c c� 1'�les¢r-c �����.i9 h..� AC C o do c<< - o r � DRAFT nn ---- '� s"",4 - 1c9"3 z 914, y' Ales l r-e o i�?Il.zto - y n 2 _ iCl Q x « 2� a..--w..d�. +.-w.� ... .... .. .. ....... ��..-��.v i-r+.��e�.v.+.�+v�-•w+f�.Y' t's:'y+k[v..!..s`.ywr sr i u4� •K;''-.�...a.�.Y1!'AT.'�Y�.1S.. .. t r i r` ? f s j } i F I - r i k ♦ t Town of North Andover 0e HORT1� OFFICE OF 3? 6011 O 'o0L COMMUNITY DEVELOPMENT AND SERVICES p 30 School Street WII LIAM J.SCOTT North Andover Massachusetts 01845 s 4,r„ q �c SACHUS Director September 9, 1998 Mr. Christopher Adams,Manager S.P.E.C. Realty Trust 3212 8`h Street Charlestown,MA 02129 RE: 1591 Osgood Street Dear Mr. Adams: This letter comes as followup to the Board of Health meeting of July 23'x, 1998 at which you were present to discuss the septic system at 1591 Osgood Street and your need to bring in additional business at the location. At that meeting the Board voted to allow you to rent the additional space at 1591 Osgood Street, provided that you install a grease trap in accordance with Title 5 regulations and install monitoring wells to track the groundwater on the site. I have finally received the Monitoring Well Plan Guidelines from DEP and am enclosing them as well as the Title 5 section concerning grease traps for your and your engineer's use. The Board is requesting that engineering plans for both the grease trap and the monitoring wells be submitted to the Health Department for review before any work is done. It is recommended that your engineer call the Health Department to discuss these issues before proceeding, since there are items in the Monitoring Well Plan Guidelines that may possibly be eliminated for this particular application. Pleasq_have your engineer call the Health Department at the number below between 8:30 A.M. and 4:30 P.M. Monday through Friday as soon as possible so these matters can be dealt with and you can proceed to rent the property. Sincerely, Sandra Starr,R.S. Health Administrator Cc: Wm. Scott,Dir. CD&S File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 11.229: Pumping to Septic I'anks (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 25% 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. 15.230: Pretreatment Units --Grease Traps (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 now. 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 tee shall extend to the mid depth of the tank. The outlet tee 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 (Eff-ctive 3/31/95) 310 CMR - 521 Y� (7 t ;3 i 310 C;NIR: DEP.,�RT IE`'T OF EN%'IRO�\IE�?,\L PROTECTION 15.230: continued (8) Grease traps shall be accessible for in.;pection and maintenance. No structures shall be constructed directly upon or above the grease trap access locations. y (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 31:0 CMR 15.254(2)for any system with a design flow of greater than 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 equipped with sensors and alarms to protect against high water due to failure of the pump or pump controls. The volumebelow the working level shall include an allowance for the volume of all drainage which back to the chamber when pumping has ceased. may flow (3) The volume of the dosing chamber between pump operating levels shall be adequate to assure the entire soil absorption system is dosed each cycle in accordance with the required number of cycles per day. (4) Construction and materials of dosing chambers shall be in accordance with 310 CMR 15.221 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, "ccpt for systems y s serving two dwcl ' vet units equipped with two pumps the discharge lines of which shall be valved t � or less, shall be entire soil absorption system by either pump. o allow dosing of the (1) Pumps shall be capable of passing a minimum solid size of ' be ins 1/.inch di installed in ac diameter and shall _ accordance with the manufacturers specifications. � (8) Pumps shall operate in the following sequence: (a) pumps off (b) Peary (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 Massachusetts Department of Environmental Protection Bureau of Resource Protection Water Pollution Control Categories BRP WP 05 through BRP WP 12, BRP WP 42 Monitoring Well Plan Guidelines The following is a list of information to be submitted to the Primary Permit Location for groundwater discharge permit applications with monitoring well proposals and with post- installation details. Monitoring wells are required in order to receive a groundwater discharge permit. See DEP publication Standard References for Monitoring Wells, Publication No. WSC-310-91.and 314 CMR 5.00 and 314 CMR 6.00. Monitoring well proposals must include: 1. a locus map indicating the regional location of the sites. A USGS 1:25000 Scale 7'/2 minute Topographic Series quadrangle sheet is most appropriate. 2. a site map to include: a) location of proposed and existing monitoring wells, borings, test pits, deep holes and subsurface work; b) cultural features (buildings, roads, leachfields, existing wells, subsurface utilities, etc.); c) assumed groundwater flow directions. 3. any written descriptions of subsurface conditions expected to be encountered, e.g. published surficial geologic, bedrock, or hydrogeologic atlases (USGS), existing drillers' or geologists' logs, test pit or deep hole test results with percolation rates. 4. a well construction detail describing construction materials and installation technique should be included. Construction details should be patterned after the well construction guidelines concerning construction and screen placement. (See attached diagram.) These materials must be submitted to and accepted by the Program prior to the installation of the monitoring well(s). The Program reserves the right to request additional information if the sensitivity of the potentially impacted area warrants additional investigation. Following the acceptance of the monitoring well plan by the Program at the appropriate regional office and the installation of the well(s), the following materials must be submitted: 1. A site plan including: a) all the features described in section 2a; b) the as-built well locations; c) groundwater contours and elevations based on monitoring well data. 2. Geologists' and drillers' logs for all monitoring wells. 3. Monitoring calculations describing potential mounding below the discharge. 4. A geologic cross-section utilizing three monitoring wells and including relevant features such as leaching fields, subsurface utilities, streams, roadways, etc. 5. A background sampling of the monitoring wells for the following parameters: . water level, ph, specific conductance, alkalinity, nitrate series, chloride and sodium. If you have any questions please call Water Pollution Control at 617-292-5673. BRP WP.WGL(Well Guidelines)Rev. 11/92 f ` Water Pollution Control Groundwater Monitoring•Well Construction Detail Locking Protective Casing or Water Box f t Locking protective casing or waterbox ''"' IgoDtel to extend below local be cemented in place slightly above grade - Minimum 2.0' solid riser pine I Backfill area above bentonite seal to be �`-ol c�I Low permeability or compacted natural clean and of low permeability. Native backfill materials removed from hole may be used at lyr °o� backfill if properly compacted. ;I Minimum of 2' .0" bentonite clav 2 2.0 bentonite sea! or ecuivalent seal above sand filter Ottawa sand falter to extend one foot 1�0 -'X:� Ottawa sand filter above top of well screen IA.ir,i:num 5' .0" of well screen placed above '::�:�:;;I Encounter ed water table the encountered water table Minimum 10' .0" of well screen placed below the encountered water table :; _;: Minimum 2.0" x 15.0' well screen Screen, riser pipe and settling tube 7 may be PVC,stainless steel or teflon Preferred well screen slot size 0.01" (10 slot) Settling tube 2.0" x 2.0' 2' ..0" settling tube: p :: All joints to be threaded. No use of PVC glues v: NOTE: Diagram not to scale L. MERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS LIQ 66 PARK STREET•ANDOVER,MASSACHUSETTS 01810•TEL(978)475-3555,373-5721 •FAX(978)475-1448•E-MAIL:merreng@aol.com July 23, 1998 Ms. Sandra Starr, Director Town of North Andover Board of Health 120 Main Street North Andover, MA 01845 RE: Jimmy's Pizza, 1591 Osgood Street Dear Ms. Starr: I have reviewed the following information provided to me by your office: 1. Soil Evaluation Forms, Orchard Hill Road, (lots 1-3) prepared by Daniel O'Connell dated October 15, 1997. 2. Soil testing field notes#1679 Osgood Street, performed by Steve Ericksen dated June 18, 1997. 3. Soil test results. Orchard Hill Road (test pit 1-12) prepared by Christiansen & Sergi, Inc., dated October 15, 1997. 4. Soil Evaluation Forms, Orchard Hill Road (rear) (deep holes 1-3), prepared by Steve D'Urso, dated October 24, 1997. 5. Soil testing field notes, 1591 Osgood Street (test pit 1 and 2), prepared by Ben Osgood Jr., dated November 17, 1997. 6. Soil Evaluation Forms, Lot 2A Orchard Hill Road (test pits 96-3 and 96-4) by Daniel O'Connell, dated August 7, 1996. Additionally, I have reviewed the soil survey published by the U.S. Department of Agriculture (Essex County, Northern Part) and have reviewed the USGS Quadrangle for the subject area. Ms. Sandra Starr, Director July 23, 1998 Page 2 Review of the above information indicates the subject area to be a geologic land form consisting of an outwash plain or terrace with soil conditions consisting of sands and gravels. Estimates seasonal water tables range form 24 inches in lower areas of this formation to f - greater than 10 feet in the higher areas of the geologic formation. Because of the rapid permeability of these soils, water tables can vary greatly depending the topographic location. With regards to the above referenced site, your office has soil testing results on record indicating E.S.W.T. at 24 and 30 inches. Review of the USGS topo quad shows the topography rises as you more easterly away from Osgood Street. Based on this, I would expect the higher seasonal water tables to be along the westerly side of this formation (along Osgood Street) and the lower water tables to be along the easterly or higher elevations of this formation. If you have information presented to you contrary to this, it would be my recommendation that you require further testing by an independent Massachusetts Certified Soil Evaluator in the areas of concern. I have worked with other Boards of health who had conflicting water table results and have handled it in a similar manner. Perhaps you could consult with you surrounding communities in this regard, and if I can be of further assistance, please feel free to contact me. Ven-'tn.liy yeurS. MERRIMACK ENGINEERING SERVICES William.Dufresne Massachusetts Certified Soil Evaluator cd MERRIMACK ENGINEERING SERVICES, INC. 66 PARK STREET • ANDOVER,MASSACHUSETTS 01810 ,