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Home My WebLink AboutMiscellaneous - 16 WOODBERRY LANE 4/30/2018,1- o' N r WATERSHED RESIDENTS QUESTIONNAIRE 1. Name tj P.S LE 3't 1A r. () a-.te4 2. Street Address 3. How many members are in your household? 4. What type of sewage disposal system do you have? ❑ cesspool Co septic tank and leaching area ❑ connection to municipal sewer ❑ other (describe) ❑ do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? ❑ yes ❑ no ❑ do not know.--.. 6. How old is your sewage disposal system? ❑ 0-5 years V6-10 years ❑ 11-20 years= ❑ over 20 years ❑ do not know 7. Has your se wa disposal system been rebuilt or repaired? ❑ yes �no ❑ do not know If yes, approximately how long ago? years. What was done? 8. How frequently is your sewage disposal system pumped out? ❑ annually every 2-4 years ❑ every 5-10 years ❑ over 10 years ❑ never 9. Have you had any problems with your sewage disposal system? ❑ yes j� no If yes, what problems? -- ❑ repeated pump -outs needed ❑ system clogs, backs up, or drains slowly ❑ odors ❑ sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher -Leo-1 garbage disposal r✓ dehumidifier drain sump pump toilet roof/pavement drains shower/bathtub 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher S iA*i l b9 A'f W 4 0-h L 6 0. &�► $� f,� clotheswasher T � a,. � 1: 0� (� �► �:wtr' o �. 12. Does your property have a lawn? P� yes ❑ no If yes, approximately what size? ❑ less than 1/4 acre V 1/4 acre ❑ 1/2 acre ❑ % acre ❑ 1 acre ❑ more than 1 acre (Specify) acres 13. How often do you fertilize your lawn? No. of applications per year y Season(s) of the year 14. Please state the brand and type (liquid or granular) of lawn fertilizer you use: ❑ Check here if your lawn is maintained by a professional landscape contractor. TOWN OF NORTH SYSTEM PUMP DATE: V) y CEM OWNER & ADDRESS ,NDOVER RECEIVED RECORD OCT 19 2004 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT (example: left front of house) DATE OF PUMPING: to-'q-'OY QUANTITY PUMPED f54--'GLLON CESSPOOL: NO YES SEPTIC TANK: NO YES 4n NATURE OF SERVICE: ROUTINE EMERGENCY OBSERVATIONS: GOOD CONDITION HEAVY GREASE ROOTS EXCESSIVE SOLIDS SOLIDS CARRYOVER SYSTEM PUMPED BY: COMMENTS: FULL TO COVER BAFFLES IN PLACE LEACHFIELD RUNBACK FLOODED OTHER (EXPLAIN) CONTENTS TRANSFERRED TO: Is James V. Oates 5 16 Woodberry Lane No. Andover, MA 01845 {home) (978) 682-5854 t {office} (781) 280-7436 January 4, 2001 Ms. Sandra Starr, R.S., C.H.O. Health Director 27 Charles Street North Andover, MA 01845 Dear Ms. Starr, Thank you for your letter. It would seem that all we really had was a 'failure to communicate". However that being said, I think it's very important that we arrive at some amenable resolution so that I may file for the state tax credit and you can be comfortable with your position. Not to reiterate, but lets quickly review the facts; 1) This was not a voluntga repair or replacement of my septic system. The septic system had failed (i/e the leeching field had started backing up months earlier). Why a formal failure report wasn't filed was probably due to timing and the fact that Mr. Osgood had already filed a failure report for the Garons. An oversight at best. 2) Once the decision had been made to go with sewer rather than a new septic system, New England Engineering Service, Inc designed a sewer system for the Garons and myself. The plans for this system were filed with the Town of North Andover on or about March 3, 2000 (see attachment). It would seem that this is where a breakdown occurred in that my application was "grandfathered" to 15 Woodberry Lane (Garons). 3) The system was constructed and installed by George Henderson Co., Inc. 4) Over and above the construction and designing costs, I paid an additional $1000.00 fee to the Town of North Andover for attachment to the sewer and have posted a one-year bond of $1,250.00 with the Town. Since as your letter indicates, that the DPW has not formally advised you of this connection, I would ask your office to contact the DPW to verify these facts. Hopefully this will answer whatever remaining questions you have regarding this hook up and assuage your fears regarding the legal aspects of this installation and allow you to issue the Certificate of Compliance or a similar suitable document without any reservations. Should you have further concerns, rather than go on with our "Litany of Words" I would ask for a meeting between you, Mr. Rees and Mr. Scott so that we can resolve what has surely become a mind -numbing process for both of us. Again, I thank you for your time and efforts, and I apologize for this inconvenience. Sincerely, U-0 ames V. Oates Cc: Rees Scott APPENDIX TO REQUEST FOR DETERMINATION OF APPLICABILITY 16 WOODBERRY LANE NORTH ANDOVER PROJECT DESCRIPTION 1 CONSTRUCTION SCHEDULE 1 USGS QUADRANGLE MAP 2 ABUTTERS LIST 3 AFFIDAVIT OF SERVICE 5 OWNER AUTHORIZATION 6 PROJECT DESCIPTION The proposed project consists of connecting the single family dwelling located at 16 Woodberry Lane in North Andover to the municipal sewer. The home is located in the watershed protection district. The connection will require the installation of 75 feet of gravity sewer in Woodberry Lane and a pressure pump line from the home to the new gravity line. The existing septic tank that is presently a part of the septic system will be cleaned and used as a pump chamber. The work that is in the buffer zone includes installing a pressure sewer line from the pump chamber to the sewer in the street. The wetlands are located 60 feet from the existing septic tank and work will take place no closer than 50 feet from the wetlands. Total buffer zone disturbance will be less than 1500 square feet. The wetlands will be protected from siltation during construction by a single row of double staked haybales backed by siltation fencing. Long term stabilization will be accomplished by planting all disturbed areas with grass. The erosion control will remain in place until all disturbed areas have stabilized. CONSTRUCTION SCHEDULE 1. Place erosion controls in the location shown on the plans. 2. Install new pressure sewer line as shown. 3. Spread loam and prepare seed bed. 4. Seed all disturbed areas. 5. Remove all erosion control structures when site is stabilized. Work will most likely start in the in the Month of March pending approval of this submission. Steps 1 through 5 would be complete approximately three weeks after the start of construction. Stabilization with grass cover will most likely be achieved four weeks after planting if seed. Erosion control would be removed after a certificate of compliance was granted. m SHOP uev Pond NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST 16 WOODBERRY LANE, NORTH ANDOVER MA. ASSESSORS MAP #38 LOT #135 MAP 38 LOT 11 WILLIAM & DIANA UTTLEY 36 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 13 THOMAS & MARY DAVIDSON 361 MARBLE RIDGE ROAD NORTH ANDOVER, MA 01845 MAP 38 LOT 31 BARBARA HAMEL & MARK NOYES 337 MARBLE RIDGE ROAD NORTH ANDOVER, MA 01845 MAP 38 LOT 52 DOROTHY GIARD 1575 SANDY LANE CLEARWATER, FL 34615 MAP 38 LOT 134 RENNICKE REALTY TRUST WJ & PQ RENNECKE, TRS 6 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 136 ROBERT & CHERYL KETTINGER 26 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 137 ARTHUR & WENDY LARO 46 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 139 LINDA SCHRADER 35 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 140 BRIAN & LINDA THERIAULT 25 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 141 JOSEPH & KATHLEEN GARON 15 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 38 LOT 142 JAMES & ANN DALY 5 WOODBERRY LANE NORTH ANDOVER, MA 01845 MAP 37D LOT 6 KRELMEGER REALTY TRUST BERNADETTE DOHERTY, TR PO BOX 66, NORTH ANDOVER, MA 01845 MAP 37D LOT 7 BRUCE FAVORAT 373 SALEM STREET NORTH ANDOVER, MA 01845 MAP 37D LOT 8 JOHN & ROSEMARY DRAPER 393 SALEM STREET NORTH ANDOVER, MA 01845 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 NEW ENGLAND ENGINEERING SERVICES INC MAP 37D LOT 9 THOMAS & MARGARET GERAGHTY 330 MARBLE RIDGE ROAD NORTH ANDOVER, MA 01845 MAP 37D LOT 10 DAVID WARWICK & LOT 12 306 MARBLE RIDGE ROAD NORTH ANDOVER, MA 01845 MAP 37D LOT 29 STEVEN & GRAZIA LUSH 280 MARBLE RIDGE ROAD NORTH ANDOVER, MA 01845 MAP 37D LOT 35 WILLIAM JR. & SYLVIA WHITTAKER 342 MARBLE RIDGE ROAD NORTH ANDOVER, MA 01845 MAP 37D LOT 42 ROBERT & DIANE BRAGA PO BOX 69 NORTH ANDOVER, MA 01845 MAP 37B LOT 36 MICHAEL & LESLIE KOTCE 415 SALEM STREET NORTH ANDOVER, MA 01845 MAP 37B LOT 63 SULLIVAN REALTY TRUST WM & BARBARA SULLIVAN, TRS 405 SALEM STREET NORTH ANDOVER, MA 01845 THIS CERTIFIES THAT ON 3/1/00, THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE SESSORS OFFICE (#6z f 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7845 - FAX (978) 685-1099 AFFIDAVIT OF SERVICE I, Benjamin C. Osgood, Jr., hereby certify under the pains and penalties of perjury that on March 3, 2000, I gave notification to abutters in compliance with the second Paragraph of Massachusetts (General Laws Chapter 131, section 40, and the DEP guide to, abutter notification dated April 8, 1994, in conjunction with the following matter: A Request For Determination Of Applicability filed under the Massachusetts Wetlands Protection Act and the North Andover Board of Health Bylaw by James Oates with the North Andover Conservation Commission on March 3, 2000 for property located at 16 Woodberry Lane, North Andover, MA. The form of the notification, and a list of abutters to whom it was given and their addresses, are attached to this Affidavit of Service. r 3J3102 Name Date NEW ENGLAND ENGINEERING SERVICES INC DOCUMENTATION OF SEPTIC SYSTEM FAILURE 16 WOODBERRY LANE NORTH ANDOVER Y ►� P�1 ' O i •Q E*—� ( ' V ° 4-1 r -.4,a N a wu0 a 4-4° cz T •o�W•o 0 O !� Or 'd O tn CCS °�''�H (� o O� v b 3 m 0 Cz A ►� We hereby authorize Nev England Engineering Services Inc, to submit an application to the North Andover Con: ervation Commission on our behalf for the purposes of allowing the construction of a ne` : sewer tie in for our property located at 16 Woodberry Lane., North Andover, MA o" (� I �/- i 2a 41 V Oates 0 � l01 /00 Date ust Dates Date Please type or print dearly all infb,:im fon . requested on this form. Rev. 10/98 f Environmental Protection - Wetlands ►equest for Determination of App Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 ` General Information 1. Applicant: SAA4Cs- aArr nbme !!� JNODp13�2nY �An/£ Mr AMAOW -AID IVY �n/novEA2 City/rorm /W /I State Bp Code Phone Nwnber faxNwriber(Iaml atle) E-WIlAddress (21Wkablel 2. Representative (if any): . NEW ENGI.AuV1J- L N&1,41 E' 21n1G-SC-RVI�r� rum RENJ'Amw c �scTov� 2 CorrmalJame -(,, c> 13 E6' CH woos DOVE M N09Add= JVOR-'H AA/Dove-R_ City/rom Slate Zip Code 97R - 6er,- /76 8 Phone Ahdnber glsg- � 85 -�oqq rax Nwnber (l appPaable) iysENG cD f/OG . C C)M &=11 Ad&= (I applicable) Determinations D. whether the area and/or work described"and/or 1. As the applicant, I, request that the depicted on plan referenced below is subject to the jurisdiction of any municipal wetlands protection law or X612TH A AJ D CNIQe Bylaw of Conser►eon Camm&W make the following determination (s) (check any that �oRTH f�Nl7D�� s apply): Name 01mo cfpality A. whether the area depicted on plan (s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection AcL C, B. whether the boundaries of resource area(s) indicated and depicted on plan(s) and/or map(s) referenced below are accurately delineated. X C. whether the work described and/or depicted on plan referenced below is subject to the Wetlands Protection AcL Project Description 1. The project location is described as follows. (Use map(s) and/or plan(s) to identity the location of the area subject to this request.) a. Location: 16 WOOF 6-122 Y 1-19AIF saeerAd&= /1/c92TN AAA D oyK /2 ciao" Asse=MapiP/atf p al/LoN E. the scope of alternativesto be considered for work (described below) that is located in the Riverfront Area. b. Area Description (use additional paper if necessary): scc r�P�E.voiA c. Plan and/or map reference(s) (list titre and date): pM1V s1fOWiv- Pllo?dSrti scwG'2 17 67 I AI /,=V/Z P1201 - ,&2%L Lycf>'T`o AT WOO 013ME2Ai2Y kIWc 140 Z-77-1 r DEP Rev. 10/98 Massachusetts Departmegt of Endronmental Protection Bureau of Resource Protection — Wetlands WPA Form 1 -*, Request for Determination of Applicabill AAh ff W tl d P to fi A^+ AA G L 131 40 assac uses a an s ro c ion c ... c. , Project Description (cont.) 2. The proposed work is described below. (If needed, provide plan(s) of work.) a. Work Description (use additional paper, if necessary). .SEE �PPt"�v A, n b. Exemptions. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination Scope of Alternatives for work in the Riverfrorrt : Indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before. : 'r 8/1/96 C Single family house on a lot recorded,after 8/1/96 Expansion of an existing structure on lot recorded after 8/1/96 ❑ Project, other than a single family home or public project, where the applicant owned the lot before 817/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; Institutional, industrial, or commercial project ❑ Municipal projects ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an -Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above. U'se additional paper and/or attach appropriate documents, if necessary. Pana9nfI Massachusetts Department.of Enrironmental Protection — -- - N Bureau of Resource Protection Wetlands dv r 'DEPWPA Form 1 - Request for Determination of Ap licabili`'� Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, If different from the applicant, and the appropriate Department of Environmental Protection Regional Office (see Appendix A) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the conservation commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. The name and address of the property owner. VMEs name /6 woop B )eRy L-19.yr WRWAddlms AIV IZTH AAJQ Dv� Qy/rown tilft Ds<t3 y Sate Tip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. C' 33� Sipna o/Applicant pate Pritu Mame Rev. 10/98 ��a a of 12 Town of North Andover Office Of the Health Department Community Development and Services Divisi®n William J. Scott, Division Director 27 Charles Street Sandra Starr North Andover, Massachusetts 01845 Heath Director December 28, 2000 James Oates 16 Woodberry Lane North Andover, MA 01845 Re: Sewer Connection Dear Mr. Oates: Telephone (978) 688- 9540 Fax (978) 688-9542 I have reviewed the letter of December 22, 2000 that you sent to Town Manager, Mark Rees, and am responding to that particular letter. I must apologize for not responding prior to this date to your letter of December 4, 2000; it was not intentional. I have been, in fact, mulling over how I can word a letter that will achieve your goals, yet not put the Town or myself in an untenable position. If you will please look at paragraph 4 of the "Abatement and Amended Return Guide" that you attached to your recent letter, it states: "If a taxpayer voluntarily repairs or replaces a cesspool or septic tank, this credit is not available since it is not considered a `failed" system under Title V. " Our records indicate that the septic system at 15 Woodberry Lane was, indeed, a failed system. We have an official Title 5 inspection form on file that documents this failure. Unfortunately, the file for 16 Woodberry Lane does not contain any such document. It is only through an official inspection form (or a site inspection by Health Department staff) documenting a failed system that the department can actually verify a system failure. My original letter was an attempt, perhaps a poor one, to encompass both of the properties without stating an outright lie. I believe you both should be compensated for your expenses regarding the extension of the sewer. However, I must abide by the law. As to my refusal to issue a Certificate of Compliance for a Title 5 installation, I can only point out that a Certificate of Compliance states that the septic system installed at a particular site was designed, installed, and inspected according to Title 5 and the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage. Since there was no septic system installation and the Health Department's knowledge of municipal sewer hook up comes only as a notification from the DPW that it occurred, we cannot certify how it was done. The Certificate of Compliance is a legal document. This may seem nit -picky to you, but the Health Department staff must be able to stand behind the documents it issues since any one of them may end up in a court BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 case. I only stated that in the past when the department has been requested to provide a document for tax purposes, a letter was what was submitted. This apparently worked because we never received any feedback asking for further documentation. Is it possible that when Ben Osgood, Jr. inspected both your sites he wrote up an inspection form for your septic system and somehow neglected to copy the Board of Health? This would allow me to state unequivocally that both septic systems were failed and that the sewer tie-in resolved the problem of both the failed systems. I would be pleased to speak to Mr. Osgood on your behalf if you wish. Simply let me know. I am sure that we can work together to resolve this problem and I apologize again for not being timely. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Enc. CoC- MA CoC-NA Cc: Mark Rees, Town Manager William Scott, Director CD&S John Leeman, Selectman Joseph Garon BOH File TOWN OF NORTH ANDOVER BOARD OF HEALTH CERTIFICATE OF COMPLIANCE DATE OF COMPLIANCE This is to certify that the individual subsurface disposal system constructed ( ) or repaired ( ) by has been installed in accordance with the provisions of Title V of the State Sanitary Code and with the North Andover Board of Health regulations. The Issuance of this certificate shall not be construed as a guarantee that the system will function satisfactorily. Board of Health Inspector James V. Oates 16 Woodberry Lane No. Andover, MA 01845 {home) (978) 682-5854 {days) (781) 280-7436 December 4, 2000 Ms. Sandra Starr, R.S., C.H.O. Health Director Town of North Andover 27 Charles Street North Andover, MA 01845 Dear Ms. Starr, First, let me thank you for your letter. However, when I read it, I found it somewhat deficient to some of facts that have actually occurred. In that I am submitting your letter in lieu of the required Certificate of Compliance, what one reads in your letter (copy enclosed), is that one comes away with the idea that the Town Of North Andover initiated the sewage and that I was forced to comply. As we both know from our conversation this not a fair representation of the facts. As was previously discussed, there was no sewage on Woodberry Lane, and both the Garons and myself paid for the design, construction, and the subsequent connection to the sewer to replace our failed septic systems. If it wasn't for the fact that a $6,000.00 tax refund was involved, then I assure you wouldn't try to be so precise. Therefore, I ask you re -visit this subject to either reconsider issuing a Certificate of Compliance or another letter that is more detailed to the facts. (The law as it is written is very specific in that the credit is due for any corrective measures I/e upgraded system; alternative system; shared system or connection to a sewer system. Is there something in the town or state laws that prevents you from issuing this certificate? I apologize for this inconvenience, but do thank you for your time and efforts. Sincerely, U Q�� ames� a s �� Town, of N -o -Ah Andovez, Office of the Health Depar'Ement Community Developinent and Services Division Li(IIIII 1, COLi, J"'ISKI t t S a C u, -"Al;UCA"r, M L"t November 28, 2000 To Whom It May Concern: g 'ox m Felet-.01mne (9-8, 8 - Q 5 4 0 This is to confirm that the houses at 15 & 16 Woodberry Lane were tied into North Andover municipal sewer in the summer of 2000. Each of these homes were previously on septic system. The North Andover Board of Health has a regulation that all homes that have sewer available must tie in. Thank you. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director November 28, 2000 To Whom It May Concern: Telephone (978) 688-9540 Fax(978)688-9542 This is to confirm that the houses at 15 & 16 Woodberry Lane were tied into North Andover municipal sewer in the summer of 2000. Each of these homes were previously on septic system. The North Andover Board of Health has a regulation that all homes that have sewer available must tie in. Thank you. Sincerely, Sandra Starr, R.S., C.H.O. Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 Town of forth Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street Sandra Starr North Andover, Massachusetts 01845 Health Director January 5, 2000 James Oates 16 Woodberry Lane North Andover, MA 01845 Re: Sewer Connection Dear Mr. Oates: Telephone (978) 688- 9540 Fax (978) 688-9542 I have received your most recent letter of January 4, 2001. In an effort to gather more information, I have also spoken to your Title 5 inspector, Ben Osgood, Jr. He just faxed me a letter stating that he did not fill out a complete Title 5 inspection report, but that he did compose a letter at the time documenting that your system was in failure. Although he stated that he had given you a copy of the certification, I have enclosed it with this letter for your records. I have also enclosed a letter that you can submit for your tax relief. It states only that the two systems were in failure and that you achieved compliance by connecting to the municipal sewer-, thus eliminating the potential risk to public health and degradation of the environment. These are the two points which local Boards of Health can legally address that I believe are critical for the tax credit. Now that documentation is on file that your system was in failure I can make an unequivocal statement to that effect. You should experience no difficulties with this letter being accepted by DOR as sufficient documentation for the tax credit. Sincerely, Sandra Starr, R.S., C.H.O. Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-953 5 Enc. Osgood letter Letter for DOR Cc: Mark Rees, Town Manager William Scott, Director CD&S John Leeman, Selectman Joseph Garon BOH File Town of North Andover Office of the Health Department Community Development and Services Division JF William. J. Scott, Division Director a Arco 27 Charles Street 9SS Sandra Starr North Andover, Massachusetts 01.845 Telephone (978) 688 - Health Director 9540 Fax (978) 688-9542 January 5, 2001 RE: 15 Woodberry Lane 16 Woodberry Lane To Whom It May Concern: This letter is a confirmation that the individual subsurface disposal systems located at both 15 and 16 Woodberry Lane, North Andover, were in failure as defined by 310 CMR 15.000 of the State Environmental Code, Title 5. They were both brought into compliance by connecting to the North Andover municipal sewer system in the summer of 2000. Sandra Starr, R.S., C.H.O. Public Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 + 1 o r NEW ENGLAND ENGINEERING SERVICES INC 1 DOCUMENTATION OF SEPTIC SYSTEM FAILURE 16 WOODBERRY LANE NORTH ANDOVER To whom it may concern^ Please be advised that this inspector witnessed the following conditions at the premises located at 16 Woodbeiry Lane, North Andover, MA in August of 1999. 1. Effluent discharging from the home into adjacent wetlands. Although a full inspection of the system was not made, it is the opinion of this inspector that the subsurface disposal system at 16 Woodberry Lane, North Andover was in failure prior to the home being tied into the municipal sewer system.. 2! e- Benj� OsgoodG Title 5 System Inspector 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01645 - (978) 686-1768 - (868) 359-7645 - FAx (978) 685-1099 r Office of the Health Department Community Development and Services Division William J. Scott, Division Director *7 QAA�iio ^PP`�ya 27 Charles Street SSS vCHUSEt Sandra Starr North Andover, Massachusetts 01845 Telephone (978) 688 - Health Director 9540 Fax (978) 688-9542 January 5, 2000 James Oates 16 Woodberry Lane North Andover, MA 01845 Re: Sewer Connection Dear Mr. Oates: I have received your most recent letter of January 4, 2001. In an effort to gather more information, I have also spoken to your Title 5 inspector, Ben Osgood, Jr. He just faxed me a letter stating that he did not fill out a complete Title 5 inspection report, but that he did compose a letter at the time documenting that your system was in failure. Although he stated that he had given you a copy of the certification, I have enclosed it with this letter for your records. I have also enclosed a letter that you can submit for your tax relief. It states only that the two systems were in failure and that you achieved compliance by connecting to the municipal sewer, thus eliminating the potential risk to public health and degradation of the environment. These are the two points which local Boards of Health can legally address that I believe are critical for the tax credit. Now that documentation is on file that your system was in failure I can make an unequivocal statement to that effect.. You should experience no difficulties with this letter being accepted by DOR as sufficient documentation for the tax credit. Sincerely, Sandra Starr, R.S., C.H.O. Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NLUSE 688-9543 PLANTINING 688-953; Enc. Osgood letter Letter for DOR Cc: Mark Rees, Town Manager William Scott, Director CD&S John Leeman, Selectman Joseph Garon BOH File Office of the Health Department F p Community Development and Services Division * . William J. Scott, Division Director fTfD 27 Charles Street 9SSacHus�4h Sandra Starr North Andover, Massachusetts 01.845 Telephone (978) 688 - Health Director 9540 Fax (978) 688-9542 January 5, 2001 RE: 15 Woodberry Lane 16 Woodberry Lane To Whom It May Concern: This letter is a confirmation that the individual subsurface disposal systems located at both 15 and 16 Woodberry Lane, North Andover, were in failure as defined by 310 CMR 15.000 of the State Environmental Code, Title 5. They were both brought into compliance by connecting to the North Andover municipal sewer system in the summer of 2000. Sandra Starr, R.S., C.H.O. Public Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANTINRNG 688-9535 � 1 r � • NEW ENGLAND ENGINEERING SERVICES INC DOCUMENTATION OF SEPTIC SYSTEM FAILURE 16 WOODBERRY LANE NORTH ANDOVER To whom it may concern; Please be advised that this inspector witnessed the following conditions at the premises located at 16 Woodberry Lane, North Andover, NIA in August of 1999. 1. Effluent discharging fzom the home into adjacent wetlands. Although a full inspection of the system was not made, it is the opinion of this inspector that the subsurface disposal system at 16 Woodberry Lane, North Andover was in failure prior to the home being tied into the municipal sewer system.. e- BenjaC. OsgoodGified Title 5 System Inspector W ®EECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (976) 688-to98 James V. Oates 16 Woodberry Lane No. Andover, MA 01845 {home} (978) 682-5854 {office) (781) 280-7436 December 22, 2000 Mr. Mark Rees Town Manager Town of North Andover 120 Main St. North Andover, MA 01845 Dear Mr. Rees, I'm writing to you out of frustration and anger. Ms. Sandra Starr "our" Health Director has created a problem where one didn't have to exist. The following is a synopsis of the problem: Background In March 2000, Ben Osgood, Jr.(Certified Title.5 System Inspector), determined that both my neighbor (Garons) and myself had failed septic systems. Mr. Osgood determined that there .were two solutions; a) town sewer (sewer was not on. the street, but ran by the street) or b) a new septic system. As we are in the wetlands, an obvious choice was sewer. We went to the town, and were told without any hesitation that the town had no funds and that sewer for Woodberry Lane was at least 10 years away. We evaluated our options and though the cost ($40-$50k) was prohibitive, we decided that the protection of the wetlands being an issue, we opt for the sewer. Mr. Garon and myself personally paid for the design, construction and attachment to town sewer on Woodberry Lane. The Problem Massachusetts offers a $6,000 rebate toward the cost of any upgrade and/or replacement system(s) (Attachment A - MA law) as long as the claim for credit (Form SC) is submitted with a Certificate of Com liance. Ms. Starr refuses to issue the certificate, her only explanation being is that she has never issued a certificate for anything other than a replacement system that was septic to septic. Instead she issued a letter (attachment B), which is so generic in nature that it wouldn't come close in satisfying the requirement of a Certificate of Compliance. I expressed this opinion in my letter to Ms. Starr on 12/4/00 (Attachment C).. To date she has neither replied nor acknowledged this letter. I believe Ms. Starr is acting in a most autocratic manner (I dislike arrogance), and I think it's quite absurd that this situation has to reach the Town Managers office. When you get down to the nitty-gritty, it's just plain dumb that all we're talking about is a piece of paper (Certificate of Compliance) that won't cost the town "one penny". Mr. Rees, as my town manager, I am asking for your help and intervention in obtaining this Certificate of Compliance. I know we all have a lot more important things to do, but Ms. Starr's needless position leaves me no choice. Knowing full well that I have handled this problem (from beginning to end) correctly, I will not forfeit this tax credit where I know I am entitled to it. As a Tax Manager with forty years experience, I believe my insight to the law to be correct not to mention that I have handled clients in Tewksbury and Methuen under exactly the same circumstances and those towns issued the certificate without even being asked. Should you require further information, please feel free to contact me directly. I thank you in advance for your assistance and consideration on this matter. Sincerely, James V. Oates Cc: William Scott — Director of Community Development John Leeman — Town Selectman Garon Tax Issues Page 1 of 2 + -� : Abatement and Amended Return Guide ;001 A" Personal Income Tax Issues Repair or Replacement of Failed Cesspool or Septic System Credit For tax years beginning on or after January 1, X1997, any owner of Massachusetts residential property who is not a dependent of another taxpayer and who occupies the property as his or her principal residence is allowed a credit for the expenses incurred for the repair or replacement of a failed cesspool or septic system. This is in accordance with the provisions of the State Environmental Code, Title V, as promulgated in 310 CMR 15.000 et seq., by the Department of Environmental Protection in 1995. Qualified expenses incurred to bring a failed system into full compliance may include one or more of the following: • an upgraded system; • an alternative system; • a shared system; or • a connector to a sewer system. To claim the credit, the following criteria must be met: 1. the amount of the Title V credit that may be claimed by a taxpayer is equal to 40% of the qualified Title V expenses, not to exceed $15,000, or the taxpayer's actual costs, whichever is less; 2. the maximum amount of the credit that may be claimed in any tax year is $1,500. The maximum aggregate amount of the credit that may be claimed is $6,000; 3. in the computation of the credit, any interest subsidy received from the Commonwealth must be subtracted; 4. the credit may be claimed beginning in the tax year in which the repair or replacement work is completed; 5. the credit is limited to the total tax due for the year, any excess credit may be carried forward for 5 tax years following, the year in which the credit is first claimed; (this change took effect for tax years beginning on or after January 1, 1998) ; and 6. Schedule SC and a Certificate of Compliance must be attached to Form 1 or Form 1 NR/PY. If a taxpayer voluntarily repairs or replaces a cesspool or septic tank, this credit is not available since it is not considered a "failed" system under Title V. Special Rules for Federal Mandated Hookup: Any taxpayer who is required to connect his/her septic system to the city or town sewer system, pursuant to a federal -court order, consent decree or similar mandate from a federal court of competent jurisdiction, may claim the Title V credit, notwithstanding that the taxpayer's septic system was not inspected and determined to be a "failed system" and no Certificate of Compliance was issued to the taxpayer. See TIR 99-5 below. Nonresidents do not qualify for this credit since the property must be an owner occupied principal residence. Partyear residents qualify for the full credit if the property is an owner occupied principal residence. 1999 Law Change: For tax years beginning on or after January 1, 1999, there is a new rule for computing the interest subsidy to be subtracted from the expenditure amount for arriving at the proper Title 5 credit. . 1998 Law Change: Effective January 1, 1998, the Massachusetts credit carryover period for unused credit has been extended from three to five years. All other criteria remain the same. Prior to 1997: The credit was not available, however, qualified expenses incurred in 1995 or 1996 may be claimed on 1997 tax returns. Sns, vise e to of ers tyis- Is 3/2( www.magnet.state.ma.us/dor/help/guides/abate%5Famend/personal/issues/titiev.htm 10/03/2000 Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director November 28, 2000 To Whom It May Concern: MORTN w. Telephone (978) 688-9540 Fax (978) 688-9542 This is to confirm that the houses at 15 & 16 Woodberry Lane were tied into North Andover municipal sewer in the summer of 2000. Each of these homes were previously on septic system The North Andover Board of Health has a regulation that all homes that have sewer available must tie in. Thank you. Sincerely, Sandra Starr, RS., C.H.O. Health Director BOARD OF APPEALS 688-9541 BLJILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNvTING 688-9535 December 4, 2000 Ms. Sandra Starr, R.S., C.H.O. Health Director Town of North Andover 27 Charles Street North Andover, MA 01845 Dear Ms. Starr, First, let me thank you for your letter. However, when I read it, I found it somewhat deficient to some of facts that have actually occurred. In that I am submitting your letter in lieu of the required Certificate of Compliance, what one reads in your letter (copy enclosed), is that one comes away with the idea that the Town Of North Andover initiated the sewage and that I was forced to comply. As we both know from our conversation this not a fair representation of the facts. As was previously discussed, there was no sewage on Woodberry Lane, and both the Garons and myself paid for the design, construction, and the subsequent connection to the sewer to replace our failed septic systems. If it wasn't for the fact that a $6,000.00 tax refund was involved, then I assure you wouldn't try to be so precise. Therefore, I ask you re -visit this subject to either reconsider issuing a Certificate of Compliance or another letter that is more detailed to the facts. (The law as it is written is very specific in :that the credit is due for any corrective measures Ue upgraded system; alternative system; shared system or connection to a sewer system. Is there something in the town or state laws that prevents you from issuing this certificate? I apologize for this inconvenience, but do thank you for your time and efforts. Sincerely, James V. Oates Town of Forth Andover Tt°RTil Office of the HLalth Department or �s" . ,y 6 Community Development and Services Division William J. Scott, Division Director ppgATEp �``<y 27 Charles Street �SSACHtf9E� Sandra Starr North Andover, Massachusetts 01845 Telephone (978) 688 - Health Director 9540 Fax (978) 688-9542 December 28, 2000 James Oates 16 Woodberry Lane North Andover, MA 01845 Re: Sewer Connection Dear Mr. Oates: I have reviewed the letter of December 22, 2000 that you sent to Town Manager, Mark Rees, and am responding to that particular letter. I must apologize for not responding prior to this date to your letter of December 4, 2000; it was not intentional. I have been, in fact, mulling over how I can word a letter that will achieve your goals, yet not put the Town or myself in an untenable position. If you will please look at paragraph 4 of the "Abatement and Amended Return Guide" that you attached to your recent letter, it states: "If a taxpayer voluntarily repairs or replaces a cesspool or septic tank, this credit is not available since it is not considered a 'failed" system under Title V. " Our records indicate that the septic system at 15 Woodberry Lane was, indeed, a failed system. We have an official Title 5 inspection form on file that documents this failure. Unfortunately, the file for 16 Woodberry Lane does not contain any such document. It is only through an official inspection form (or a site inspection by Health Department staff) documenting a failed system that the department can actually verify a system failure. My original letter was an attempt, perhaps a poor one, to encompass both of the properties without stating an outright he. I believe you both should be compensated for your expenses regarding the extension of the sewer. However, I must abide by the law. As to my refusal to issue a Certificate of Compliance for a Title 5 installation, I can only point out that a Certificate of Compliance states that the septic system installed at a particular site was designed, installed, and inspected according to Title 5 and the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage. Since there was no septic system installation and the Health Department's knowledge of municipal sewer hook up comes only as a notification from the DPW that it occurred, we cannot certify how it was done. The Certificate of Compliance is a legal document. This may seem nit -picky to you, but the Health Department staff must be able to stand behind the documents it issues since any one of them may end up in a court BOARD OF APPEALS 688-954.1 BIIILDr G 688-9545 CONSERViVrION 688-9530 NURSE 688-9543 .PLATNTNING 688-9535 case. I only stated that in the past when the department has been requested to provide a document for tax purposes, a letter was what was submitted. This apparently worked because we never received any feedback asking for further documentation. Is it possible that when Ben Osgood, Jr. inspected both your sites he wrote up an inspection form for your septic system and somehow neglected to copy the Board of Health? This would allow me to state unequivocally that both septic systems were failed and that the sewer tie-in resolved the problem of both the failed systems. I would be pleased to speak to Mr. Osgood on your behalf if you wish. Simply let me know. I am sure that we can work together to resolve this problem and I apologize again for not being timely. Sincerely, Sandra Starr, R.S., C.H.O. Health Director Enc. CoC- MA CoC-NA Cc: Mark Rees, Town Manager William Scott, Director CD&S John Leeman, Selectman Joseph Garon BOH File �J MM Ii —� y � Q• F111-+ Y.rD � A n w o a. cfq i1. a ® a r rD cn ® eb R y y rn+ (W �w+ � h ^❑ y O y �• H (� T A 0 L a a aq' a � a O m y Q. ro w MM Ii TOWN OF NORTH ANDOVER BOARD OF HEALTH CERTIFICATE OF COMPLIANCE DATE OF COMPLIANCE This is to certify that the individual subsurface disposal system constructed ( ) or repaired ( ) by has been installed in accordance with the provisions of Title V of the State Sanitary Code and with the North Andover Board of Health regulations. The Issuance of this certificate shall not be'construed as a guarantee that the system will function satisfactorily. Board of Health Inspector s.� ;•. O i 06 x. 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