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SOIL PROFILE & PERCO W I N TEST DATA �, "� '✓ .r-
Town/Git No.&Street " - Lot No. 7CT�
Loc./Subdiv.,-- y,-, fi Plan Owner
v Investigator ZO C rf i� Observer
0
7 SOIL PROFILES -DATE
1'
Elev. Elev. 3' Elev. !—Elev.
,0 0 0 0
2
�3I 3
04
1 2 3 4 5
4
' 5
4,2:06
Soak -Mins.
,i�6
Start Test -Time
3 6
Drop of 3" -Time
7 I J 7
8 8
91 1 9
10 1 _
Benchmark, -
Elevation
10
21
31
41
51
m
7
m
m
2
3
4i
5
6
7
8
:9
10 1 1 10 1
Location
Datum
Percolation Tests -Date
['7 7. n -;
Pit Number
1 2 3 4 5
Start Saturation
4,2:06
Soak -Mins.
/
Start Test -Time
Drop of 3" -Time
7
Drop of 6" -Time
Mins.lst 3"Dro
/
Mins . 2nd 3"Drop
/7
Notes & Sketches on Back Frank C. Gelinas & Associates, North And.
TOWN OF NORTH ANDOVER
SYSTEM PUMPING RECORD
Yl OWNCR & ADDRESS
p i
17Zf
SYSTEM LOCATION �-
(ex�mPle: left front of roust)
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U I r OF PUMPINC: ` %DoZ (QUANTITY PUM?CD��C,;
-- J
��I'UUL NO / YES SEPTICTANK: NO YES
11
A] URE OF SERVICE: ROUTINE EMERCENCY
�!I>rf�v��TIONS:
GOOD CONDITION
HFAVY CREASC
ROOTS
EXCESSIVE SOLIDS
SOLIDS CARRYOVER
> I LM P U M PED BY:
,ij,I"drNTS:
U- I l:N 1'5 TRA NSFCIZRLD TO:
X FULL TO COVC z
BAFFLLS IN 1'L.ACI,' _
LEACHFIELD lZl,NUAC'K...
FLOODED
Ojt HER (EXPLAIN.)
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JOHN J. WILLIS, SR.
Town Counsel
OFFICE OF TOWN COUNSEL
160 PLEASANT STREET
TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
Mr. Thomas J. Murphy
Inspector
Board of Health
Town Building
North Andover, MA 01845
Dear Tom:
TELEPHONE 685-3551
November 25, 1980
Re: Installation of Septic System -
Right of Way � H to s-rc k
I have not done a title examination, but it is my
understanding that the area that you are referring to does,
as a matter of fact, have a genuine easement running to New
England Power Company. The original owners of this property
conveyed it to the North Andover Associates, who, in turn,,
gave to the Massachusetts Electric Company an easement to
carry power lines over the 200 ft. wide strip. The granting
of an easement does not necessarily give away the fee and the
land. By that I mean the person who gives the easement
retains the ownership of the land through which the easement
passes. The easement itself then becomes a burden on the
land to the extent of the easement. The owner, in essence.,
makes his right to the use and enjoyment of his own land
subject to the paramount right of the easement holder. So
long as the owner's use of that land, however, does not
interfere with the use and enjoyment of the easement, he
may use his land as though there were no easement.
Applying this reasoning therefore to the situation
you describe, it would be possible to place a septic system
underground in the easement. A notification to the Electric
Company to that effect indicating that the owner intends to
do that, would put them on notice that in the future, they
would either have to go around the septic system or try to
make some arrangements with the owner such that both parties
can enjoy the use of the land in accordance with the rights
that each one had.
I guess that what Itm trying to say is that if the
owner puts his septic system on the easement., he does so with
the understanding that the person to whom he has given the
easement will have a right to negotiate with him with respect
to their use of the easement.
ry truly yours..,
�
JJW:psw �J.Wi s
Town - Counsel __
December 29, 1980
Prank C. Gelinas & Associates
North Andover Office Park
North Andover, .mss. Re: Lot 12A kbster St.
Bear Sirs:
I have conferred i-Ith Tit•rn Connsel John Willis
regarding the above-mentioned lot and the location of the septic
system in the easement boundaries. According to him, New England
Pover has the right to use the easement when they wish.
Therefore, I feet that plans for this septic
system would have to clearly desimate id.thin the easement area
the location of any parts of this system. I further request that
these parts of the system be enclosed with a fence or similar
barrier.
I feel that without such a barrier, poorer
company trucks could unknowingly run over and damage line of
the system and impair itspproper functioning.
Very truly yours,
Thomas J. Murphy
Inspector
Attorney John Ziillis ,turn Counsel.
160 Pleasant St.
No.Andover, Mass.
Dear Mv. Willis:
ho -7 14, 1980
This Board refused a septic t=k permit because
the vystem eras to be ineta,l.led in the parer company easement.
helosed is a le6ter from the designer, Frani; C. Geli.nas Assoc,
T•rj th an opinion from their laiger. i ipuld appreciate your opinion
on this mat'uer.
Very truly yours.,
Tho ^aa J. "tzhy,Tnspector
Board of Health
J - •
CARMINE W. DI ADAMO
JAMES C. HYDE
LAW OFFICES OF
CARMINE W. DIADAMO
722 BAY STATE BUILDING
I i LAWRENCE STREET
LAWRENCE. MASSACHUSETTS 01840
November 6, 1980
Frank C. Gelinas & Associates
North Andover Office Park
North Andover, MA. 01845
Re: Lot 12A
Dear Mr. Gelinas:
AREA CODE 617
r 686-4271 688-8684
r`. J
1980
�10�1
By letter dated May 12, 1980, you requested my legal
opinion with respect to the right of the owner to place
portions of a subsurface sewage disposal system within
an easement granted to the Massachusetts Electric Company.
The title to this premises reflects that on April 17, 1953,
the then owners, granted an easement to New Englund Power
Company. The power company was given the perpetual right
and easement to construct and reconstruct lines of towers
or poles or both with wires and cables and all necessary
foundations, equipment and appurtenances for the transmission
of high and low voltage electric current and for telephone
use over and upon a 200 foot wide strip. The grant also
includes the right to pass over other land to and from the
strip as reasonably required.
This grant of easement does not prevent current owners from
placing a portion of a leach field within this easement. The
power company has been specifically granted the right to
exercise such control over the easement which would allow
them to erect towers or poles. Therefore, owners of the superior
estate would only be affected by the placement of bases for the
towers or poles into the ground. Since these bases are already
in existence, their location could not possibly affect the
proposed leach field. Moreover, even if one entertains the
remote possibility that the power company may wish, at some
future time, to erect additional towers or poles or relocate
existing towers or poles, this work could be accomplished
without affecting the leach field. After the leach field is
located on the property, it is customary to send a letter to
Frank C. Gelinas & Associates
-2-
November 6, 1980
the power company notifying its representatives of the location
of the subsurface system, so that any future work contemplated
by the power company will be planned in a manner that will cause
no hardship to the owner of the dominant estate. Again, I would
like to underscore the fact that the placement of additional
tower bases in the easement is remote.
With respect to the power company's right to pass over the land
to inspect and repair its equipment, it is obvious that this
right would not be abridged by the placement of an underground
system.
If you require anything further with respect to this matter,
kindly contact me.
CWD/amb
Very truly yours,
Carmine W. DiAdamo
r
~rGn:c C- C-Glirm Associates
't5l Andover St.
:o.Andover, Mass.
Dear •'r. Celinas
April 27, 1979
Re: Lot 12 A Foster St,
Septic System located
in easement
Enclosed heret:.ith is a copy of a letter from
'7ou-" Counsel John ' illi,s ref7arding the installation of the septic
system on the above-mentioned lot.
If the ow,mer of this lot can provide us •dth
evidence of a rcleasc of the easementin than portion of the
easement ;dere the systcr; is located, then •; Till be able to
aPProve the design and issue a septic tank permit.
Very truly youroI
Thomas ' azrphy
Inspector
JOHN J. WILLIS, SR.
Town Counsel
OFFICE OF TOWN COUNSEL
160 PLEASANT STREET
TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
April 24, 1979
Mr. Thomas Murphy
Inspector
Board of Health
120 Main Street
North Andover, MA 01845
Dear Mr. Murphy:
TELEPHONE 685-3551
Responding to your inquiry regarding the establish-
ment of a septic system in a reserved easement on a parcel
of land.
The installation of leaching systems in an easement
wherein the owner of the system holds title to the land,
but said land is subject to the easement for the benefit
of another, my first suggested inquiry to you would be
to determine the extent and type of easement. Initially,
it would seem to me that where an easement had been granted,
the grantor of the easement could not thereafter, install
on said easement any facilities that would be in derogation
of the easement that was granted.
I therefore suggest that first of all you explore the
easement to see whether or not the leaching field could
properly be installed and properly maintained. If in your
judgment it could neither be properly installed or properly
maintained, then you would be correct in denying the septic
tank permit. In any event, where the system is to be
installed on a recorded easement, your procedure should be
that the person to whom the easement has been granted,
should release to the person who owns the fee to the ease-
ment, all rights which the easement has granted to that
particular portion of the easement to be used by the fee
owner. In short, get a release of the easement with
respect to the area where the leaching field is to be put.
Mr.'Thomas Murphy
Inspector
Board of Health
April 24, 1979
Page ......... 2
If you have any further questions regarding this
matter, please do not hesitate to contact me.
Very truly yours„
J. lis
Town Counsel
JJW:psw
4
April 11, 1979
Attorney John 1111is
Toi,m Counsel North Andover
160 Pleasant St.
No.Andover, Mass.
Dear Tyr. Willis:
Enclosed herewith is a copy of a septic
system design for a lot on Foster St., No.Andover. itich shows
a P?Fnr England Poimr Company easement running through the leaching
bed of the system.
The question in my mind is doe; the
construction of a septing system in an easement area present any
legal problem. The desi;;a cnginear, 'r^nk C. Gelinas, informs
mr that the established travelled truck ruts do not go over the
system and he hac suggested that the edge of the system could be
enclosed in a fence to keep the trucks to the proper side. Heavy
trucks running over the leaching bed could very reel cause damage
to the syttem.
tm;M j
Very truly yours,
Thomas Mwphy
Board of Health Inspector
L
7' -).-,Yd of t?,:-:lth
SUBSURFACE DISPOSU DESIGN CHFPK LIST
' LOT
APPRUIED DATE DISAPPROVED DATE
Provided: Reasons: `
G / U
ij Tie Q FAIL 0K 3�
Reg 2.5 The submitted plan t shag as a W x2� m— L/
a) the lot to be eerved-area,dimmsionn lot #,abutters
b location and log de=ep observation hoes-di,stmce to ties
c location and remits pamolation tests -distance to ties
' d design calculations & calculations elmwing required leaching area
(e) location and dimensions of system -including reserve area
M existing and proposed contours
u (g) location any vat areas i4thd.n 1001 of sewage disposal system or
disclairar-check watlands napping
(h) Mace and aubsurface drains within 1001 of so4age disposal
system or disclaimer
(i) location € ny drainage easements vdthin 1001 of ae<oegp disposal
sygstca or di.scl.air"er-PLtni-mg Board files
(j) lmow-n sourbes of i ter supply within 2001 of ae-m:�ge disposal
system or discla j ser
(;c) location of my proposed well to serve lot -10 Of from leaching facility
(1) location of wester Lines on propexty-10I from leaching facility
(m) location of benchmark
(n) driveirays
(o) garbage disposals
._ (p) no PVC to be used in constr=uction
(q) profile of of baueorsnt, plumb, pipe, septic tark,
C, stri,bution box inlets and outlets, di.otribution field piping and
Utter ele aticas
(r) wa>dwam groimd water elevation in area scn-age dispoial .5ystem
(s) plan r._ast be propared by, a Profe.ssi.orml Mif,,A nor or other
profeP€ lonal vjathori.zed by law to pre -pare plans
Reg 6 SRtic Tanks
(a) yep pit s-�x;Q� of flow, water table, tees, depth of toes,
access, pm -ping
(b) clout
(c) 101 from cellar vnal.l or ingroim i si ��g peel
(d) 251 from sib face drams
Reg 10.2 Distribution Boxes
(a) slope greater thzn 0.08
Reg 10.4 (b) surp
I 1��'�)LS •J ,. a.l .]�J +{ L1 �1 �./�/,.LI l�l�✓..�..i 1�) 11:1-. f.J:v 1
{
APPROVED DATE PROVIDED
NORTH ANDOVER BOARD OF HEALT
DISAPPROVED DATE TIME REASON
Title 5
Reg. 2.5 Fail OKTh submitted plan must show as a minumum:
(a) the lot to be served (area,dimensions,l.ot //,abutters)
(Planning Board -files)
(b location and log of deep observation holes -distance
to ties
(c) location and results of percolation tests -distance
to ties
d) design calculations & calculations showing required
LI
leaching area
(e) location and dimensions sf system (including reserve
area)
g�existing and proposed contours
location of any wet areas within 100' of the sewage
disposal system ot- disclaimer (check wetlands mapping)
surface and subsurface drain's within 100' of sewage
disposal system or disclaimer
(i) location -of any drainage easements within 100' of
sewage d' seal s m or dis aim r (pl nin ,bb rd
(� ' - t4 �%
files)`�-�.'�`,c.-�-:.�s __-jj �r/ � �
j ) known so -rtes_ o _.water supply with n. 200' o sewage -
dis' - al system or disclaiiner-
�Iocation of any proposed well to serve the lot (100'
from leaching facility)
(1) location of water lines on property (10' from.leachinE
facilities)
location of benchmark
driveways
garbage disposers
--no PVC is to be used in construction
u q) a profile of the system (elevations of basement, plumT
pipe septic tank, distribution box inlets and outlet -s
distribution. -field piping and any other elevations)
(r) maximum ground water elevation in area of sewage di.sp
system
�- (s) plan must be prepared by a Professional Engineer or
other professional authorized by law to prepare such
plans
Se tic Tanks
Reg. 6 (a) Capacities - 150% of flow, water table, tees, depth
of tees, access, pumping,
( Cleanout
10' from cellar wall or inground swimming pool
(d) 25' from subsurface drains
4
FRANK C. GELINAS AND ASSOCIATES
ENGINEERS & ARCHITECTS - LAND PLANNERS
FRANK C. GELINAS, R.P.E., R.L.S. NORTH ANDOVER OFFICE PARK
SCOTT L. GILES, R.L.S. NORTH ANDOVER, MASS. 01845
JOSEPH D. LA GRASS E, A.I.A.
TELEPHONE 687.1483
November 10, 1980
Mr. Thomas Murphy
North Andover Board of Health
Town Hall
Main Street
North Andover, 14A 01845
Re: Lot 12A, Foster Street
Dear Mr. Murphy:
At the time of the submittal of the lot 12A, Foster Street
subsurface sewerage disposal system design, you requested
that the status of the New England Power easement on said
lot be clarified via a legal brief. The purpose of your
requested clarification was to ascertain the rights of the
landowner, North Andover Associates, to place a portion of
the subsurface disposal system (leaching field ) within the
boundaries of the power easement. As per your request, I
have enclosed Atty. Carmine DiAdamo's legal brief with respect
to the rights of North Andover Associates to place said leaching
field within the area of the power easement.
Per the last paragraph of Atty. DiAdamo's memorandum, we would.
accept an approval subject to our notification to the power
company after construction (as -built) giving them location
of leaching field on said case—ment. Therefore, a condition
of approval could be that prior to an occupancy permit being
issued by the North Andover Board of Health, a certified
letter to the power company will be sent indicating the location
of the in-place leaching field.
Should you have any further questions, feel free to call on me.
Yours truly,
Frank C. Gelinas
Registered Professional Engineer
cc: Richard Perkins, North Andover Associates
Atty. Carmine DiAdamo
Enclosure
jt
FORM 4 - SYSTEM PL11PM RECORD
Commonwealth of Massachusetts
, Massachusetts
System Pumping Record
vstem Owner
I 0A_ A V�e)?_
H
i
Date of Pumping: ����(� Quantity Pumped: �`� gallons
Cesspool: No FZ]Yes ❑ Septic Tank: No ❑ Yes
h
System Pumped by- License #:
Contents transferred to:
Date Inspector