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Miscellaneous - 57 ESSEX STREET 4/30/2018
57 ESSEX STREET 210/103.0-0055-0000.0 s 4:45 p.m. 57 Essex Street - Failed sewage disposal v-,�;em Feb 26, 1991 - Inspection, Septic system faile.3 Feb 28, 1991 - Order letter April 18, -1991 - Modifications to order letter B.O.H meeting May 28, 1991 - Soil testing. August 311 1991 - Compliance date - NON-COMPLIAN January 251 1992 - Letter to Owner re: non-compliance and meeting date. _ 1 41-I-- -te U 'cc, trn '7 /(oM.LG=ARy ......-0'r:o.23-1 TU-400 5L r8 ;0-23:7 r-2C©5 75 O M W C Z E g a a .. JJj LL J O O to Q b 2 C g 0 Z F- > c U .. O 0 H LU c O m Z z z OZ vtv i U N = L rd J— U rd _ Q = N O Lui Fes- w Q > = L Q (on iz 0LL Z c O Q c O O a W Q 0 U y t u L Q le O O c L s o m 3 V c J O 3 O F- O � H N N ao F f W y m N Z LLn ?OdvER • c H C N rd r; ,•�,�i rd U O 0 "'01 .w• Q a� y a> in a N \ -\+ t tat 1, F i- �� t4.�, ..t ♦. �• 'r \ \ - ;f, . 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'at m 3.Article Addressed to: 8 Article Number d Michael Leary J�., �., Z 370 627 471 £ 57 Essex Stree Lam' 4 S rvice Type d North Andover, 01 ❑ R istered I�Certified 45 om Cn W 1 ress Mail ❑Insured S cc eturn Receipt for Merchandise ❑COD a 6Q�y .Date of Delivery w z 0 5 ec iv ( ri ameJ 8.Addressee's AaAss(Only if requested and c fee is paid) r 'c 6.Signature(Ad ss(!:Yr Agent) a N PS Form 3811,December 1994 102595-99-13-0223 Domestic Return Receipt A Fill L4aee AAai1. UNITED STATES POSTAL SERVICE c,y" y���1 _ Stage 8e�ees Paid. J C', i :. Permit No.G-10 -.............................................................................. ........r.........r._.............y.T........_........._........_...,.............................._......._........ • Print your na ,; ad%l ss and ZIP Code in this box • BOARD Of HEALTH 27 CHARLES STREET NORTH ANDOVER,MA 01845 d � SENDER: I also wish to receive the follow- w ❑Complete items 1 and/or 2 for additional services. ing services(for an extra fee): y Complete items 3,4a,and 4b. ❑Print your name and address on the reverse of this form so that we can return this a± > card to you. 1. ❑Addressee's Address ` ❑Attach this form to the front of the mailpiece,or on the back if space does not permit. 2. ❑ Restricted Delivery 4) ❑Write'Return Receipt Requested•on the mailpiece below the article number. Cn ❑The Return Receipt will show to whom the article was delivered and the date n p delivered. .CD V 3.Article Addressed to: 4a.Article Number a) IM CL fi) J70&,�79 E4b.Service Type y1, ❑ Registered ertified f /yCr /�/ ❑ Express Mail ❑Insured 9-9-eTum Receipt for Merchandise ❑COD w 7.Date of Delivery � z �p� > F ece' : ( ri ame) 8.Addressee's Address (Only if requested and c �O fee is paid) 5 6.Signature(A r rAgen �f T OvV N PS Form 3811,December 1994 102595-99-13-0223 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage.&Fees Paid ��T '�° :y f USPS Permit No.G-10 • Print your name, address,and ZIP Code in this box • BOARD OF HE40 27 CHARLES STREET' NORTH ANDOVER,MA 01W e ' CASE FILE STATUS SHEET NORTH ANDOVER BOARD OF HEALTH FOLLOW-UP FORM CASE NUMBER: DATE OF COMPLAINT: 2/26/91 DATE:- 2/26191 ACTION: Inspection - Failed system. DATE:- 2Z28/91 ACTION: Order letter to Mike Leary. homeowner, by Mike Rosati. DATE:- 3/7/91 ACTION: Mike Rosati has discussion with Mike Leary. RESULT: Mr. Leary agrees to contract an engineer and replace system. DATE• 4/8/91 ACTION: Order letter to Mr. Leary - must repair system by May 20, 1991. DATE• 4/11/91 ACTION: Letter from Mr. Leary requesting a public hearing. RESULT: Public Hearing scheduled for 4/18/91 at 8.30 p.m. DATE• 4/18/91 ACTION: Mr. Leary attended the Public Hearing on 4/18/91. RESULT: The Board of Health voted unanimously that the following action be taken: 1) must have septic tank pumped as often as necessary to ensure it does not discharge to the surface of the ground and submit copies of all receipts to the Health Office 2) arrange with Board of Health and Engineer to have a deep water table conducted within thirty (30) days 3) repair of system completed by August 31, 1991. DATE• 4/19/91 ACTION: Letter sent to Mr. Leary confirming the Board of Health's actions on 4/18/91. DATE• 5/24191 ACTION: Received copy of invoice from Emile Giard regarding pumping of septic tank. RESULT: Septic tank pumped on May 22, 1991. DATE: 9/18/91 ACTION: Sent letter to Mr. Leary stating that his failed septic system was to be repaired by August 31 1991 and as to date, the repair has not taken place. Mr. Rosati stated in the letter that in order to avoid further action by the Board of Health arrangements should be made to have a proposal to repair system submitted to the Board of Health Office by his engineer so that the repair can be conducted. RESULT: Note in file from Mr. Rosati stating he spoke with Mike Leary and Mr. Leary said he told his engineer to go ahead with plans to fix system. DATE:1125/92 ACTION: Certified letter sent to Mike Leary, homeowner, stating to date no communications from him in regards to his failed septic system. RESULT: Ms. Conboy, Health Administrator, notified Mr. Learn that the Board of Health has placed this matter on the agenda for February 12, 1992 meeting. DATE• 2/12/92 ACTION: Mr. Leary was present at the 2/12/92 Board of Health meeting. RESULT: The Board of Health voted unanimously to set a deadline of three (3) weeks for Merrimack Engineering to submit plans and to complete system by April 30, 1992. DATE: 5/21/92 ACTION: The Board of Health at their meeting of May 21 1992 agreed that the testing be completed within 7 days and to submit a plan within 14 days. DATE• 6125192 ACTION: Received letter from Merrimack Engineering regarding soil testing. DATE:— 6/26/92 ACTION:_ Certified letter sent to Mike Leary stating that the Board of Health agreed to allow one final extension of time within which to comply with the original order letter. The date of compliance had now been set for August 15 1992 At which time the repair of your failed septic system must be completed DATE:— 8/13/92 ACTION: The Board of Health at their meeting of 8/13/92 agreed to give Mr. Leary an extension of forty-five days within which to submit an acceptable septic plan and install a new system- August 15, 1992 will be the deadline date DATE' 9/17/92 ACTION: Letter from Merrimack Engineering to Sandra Starr Health Agent, stating that they feel the most feasible method of repair of the existing failed subsurface disposal system is to rebuild a new leaching field in place DATE' 9/21/92 ACTION: Certified letter sent to Mr. Leary stating that his engineer and Mr. Doucette reached an agreement that his failed septic system could be rebuilt in place DATE: 10/22/92 ACTION: The Board of Health at their meeting of 10122f92 agreed to grant another extension of thirty days in order that a Notice of Intent can be filed with the Conservation Commission. DATE' 11/6/92 ACTION: Letter sent requesting Mr. Leary to appear before Board of Health. DATE• 11/19/92 ACTION: Michael Leary appeared with his engineer. A Notice of Intent was filed with Conservation on 11/18/92. Order of Conditions will be ready in about two weeks. DATE' 5/19/93 ACTION: Certified letter sent to Michael Leary requesting that repair work on the septic system begin. DATE• 5/27/93 ACTION: Memo from members of North Andover DPW, Planning and Conservation Commission requesting Board of Health to require immediate repair of Leary septic system. DATE' 5/27/93 ACTION: Board of Health at their meeting on 5/27/93 requested that a strong letter should be sent to the Learys' from either the Town Manager or Town Counsel. Michael Leary appeared briefly before the meeting but did not stay. DATE' 5/28/93 ACTION: Health Agent and Bill Hmurciak of DPW visited site of Leary leaching area. Area spongy, wet with pooled effluent. DATE• 6/24/93 ACTION: Board of Health at their meeting of 6/24/93 agreed that system must be repaired or the case sent to Town Counsel. DATE• 7/2/93 ACTION: Certified letter to M. Leary giving him 10 days to begin repair work or the Board of Health would begin legal action. DATE•_ 7/19/93 ACTION: Letter from the Learys stating that they could not access their system and that they wanted to tie in to sewer. DATE• 7/21/93 ACTION: Memo to file from Health Agent, Sandra Starr, stating that abutting neighbor of the Learys is and has been willing to grant access. MEMO TO FILE RE: Response to M. Leary's letter of 7/19/93 Upon receipt of this letter I called Gayton Osgood and discussed the contents with him. His response was that the system must be repaired and if the repair has not begun by July 23rd, 1993 , then the case should be sent to Town Counsel as stated in Karen Nelson's letter of July 2, 1993 . We also discussed the probablility that if the system is still functioning properly when sewer is available that the Board would look favorably upon a delayed hook-up to the municipal sewer in order that the Learys could amortize the cost of the septic system repair. I then contacted John Rizza and informed him of the letter and its contents. He agreed with Gayton, that if repair is not initiated by the 23rd it should be sent to Town Counsel. He also felt that a delayed hook-up would be a fair option. After leaving a message for Dr. MacMillan to call me, I then called Michael Leary and informed him about the responses already obtained from the Board members. I stated that the repair must be started before the 23rd of July or the matter would be referred to Town Counsel. I also informed him that the Board would look favorably upon a delayed sewer hook-up. At 9: 00 P. M. on July 19th I received a return call from Dr. MacMillan. I informed him of the letter, its contents, the discussions with the other two Board members and the telephone call with Mr. Leary. He also agreed that if the system is not repaired or startedd by July 23rd it should go to Town Counsel. He also felt delayed hook-up to sewer a fair proposition. MEMO TO FILE RE 57 ESSEX STREET On July 21, 1993 I spoke with Mary Ellen Prentis of 25 Essex Street, neighbor to the Michael Learys of 57 Essex Street. She had called about another matter and I took the opportunity to ask her about possible access to the Leary septic system leaching area which is in the rear of her property. She stated that Michael Leary had spoken to her earlier in the year about access to his system. She stated that they (she and her husband) had held off on their new landscaping expecting the system to be repaired and access to be gained over her property. Finally, when nothing happened they went ahead with the building of their deck and the landscaping. Even at this point she stated that she had no objection to granting access to Mr. Leary so the system could be repaired as long as her septic system was not damaged and the landscaping repaired or replaced if disturbed. Sandy Starr Leary - Essex Street- . r}1..v,�•t�.� �/�1y 3 Mrs. Starr stated that the system at 57 Essex Street is still not in place. The brief is still with Town Counsel ready for court action if construction does not begin. Dr. MacMillan stated that this should be resolved by the next Board of Health Meeting on September 16, 1993 . Dr. MacMillan inquired as to not mandating him hook-up to Town water and sewer after this enormous cost to repair his system. Mrs. Starr suggested that a motion be made to determine what time frame Mr. Leary will be given before he is required to tie-in. Dr. MacMillan asked if the Board of Health would be making recommendations on a case by case basis in reference to requiring people to tie-in. Dr. MacMillan stated that he would want everyone to hook-up except in situations such as Mr. Leary- paying a large amount of money to repair a system and then another large amount of money to tie-in. e n �l� 111 57 Essex Street - Leary: Bill Hmurciak was present. Mrs. Starr stated that in mid March she called Mr. Leary and told him that it is warm and dry enough, let's start a new system. Mr. Leary agreed. Now it is May, Mrs. Starr sent another letter reminding him of their conversation in March, and she asked Mr. Leary to get in touch with the office and pull an installers permit, she basically told him to start the repair. Mrs. Starr stated that Mr. Leary was complaining of having no money. Mrs. Starr stated that Mr. Leary was here earlier at the meeting and he told her that there was a problem with access to the property. Mr. Leary told Mrs. Starr that his neighbor, Mr. Scully, will not let him use his property to gain access to his to his property. Mrs. Starr stated that maybe the Board of Health could do something. Dr. MacMillan asked Mrs. Starr, "how bad is the problem - is there a lot of effluent coming out? Mrs. Starr stated that she did not get a chance to get up there. Mrs. Starr stated that back in 1991 the effluent was bad. Mr. Osgood stated that it isn't bad now. Bill Hmurciak stated that he has not been out there either. Mr. Osgood stated that the last report the Board received was from either Allison Conboy or Richard Doucette stating that the system was no longer overflowing - that problem had been solved. Mr. Osgood stated that the repairs haven't been made either. Dr. MacMillan asked, "why wasn't the system overflowing"? Mr. Osgood stated that the Learys made some temporary repairs. Mrs. Starr stated that what had been decided is that the system would be in the same place, a little higher elevation. Dr. MacMillan asked if the Board had engineering proposals on how to correct it? Mrs. Starr replied, "yes, this is what had been done in the fall" . Mrs. Starr also stated that the Board received approval from Conservation, which was difficult but by the time the Board receive the conservation approval, it was too cold. Mr. Leary promised to repair the system as soon as it got warm, stated Mrs. Starr. The Board Members suggested that Jim Gordon, Town Manager or Town Counsel send a very strong letter incorporating the following: 1) the system be pumped regularly 2) this is the Boards final determination - the Board will no longer let this continue 3) either make adjustments to the system, so it does not leak, or repair the system completely. Dr. MacMillan also suggested that Bill Humurciak and Sandy Starr inspect the property. ,40RTN BOARD OF HEALTH ° 120 MAIN STREET TEL. 682-6483 "SS.; �UNORTH ANDOVER, MASS. 01845 Ext. 32 57 Essex Street - Leary The Board members asked Mrs. Starr the status on the Leary property. Mrs. Starr stated that she spoke to Mrs. Nelson briefly yesterday and she said she will draft a letter. Mrs. Starr stated that she went out with Bill Hmurciak and there was effluent there. The system is failing. Dr. MacMillan stated that there is no question about it, he has to fix it. Mr. Osgood agreed. Dr. MacMillan stated that this has to be addressed right away. TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICES DATE: Z(5 J LSC i./ �`fJ NAME: n I FLO TITLE: bR� COMMITTEE/DEPARTMENT: 4e:z:� L�b DESCRIPTION OF REQUEST: (Include such information as- "request for legal opinion" or "relates to pending litigation" . Is this a request of a committee or an individual member's concern; and is the request high/low priority and explain why. Please attach all relevant documentation. ) IJG����GLe;71� he?6 nod (2,0, /i r-_ 1,0 L 1 jeec�C cQ �'& i n I-Ln etLe-7-y-? . TIME FRAME: U (By what date is a response needed; please explain. ) Fe-, 6A�j - /14Ljc. SUBMIT COMPLETED REQUEST FORM TO OFFICE OF TOWN MANAGER FOR PROCESSING Your request for legal services relative to e/ /S���ol, ��1 Cj was: Forwarded to Town Counsel Date• 7, Returned Date: Reason: -� 7 Town Manager Michael and Carol Leary 57 Essex Street North Andover, MA 01845 July 27, 1993 Board of Health Town of North Andover 120 Main Street North Andover, MA 01845 Attn: Sandy Starr Dear Sandy: I called earlier this week but missed you. I want to let you know that we have talked with the neighbors and have a verbal okay to cross their land. I have contracted with Joe Christaldi of JTC Construction and he will be pulling a permit for the repairs. Should you have any questions, please do not hesitate to contact our office. S ' c ly, Michael J Lea Carol A. Leary /ST NORTH ANDOVER LEGAL SERVICES DATE: NAME: Vcmm OFL600 TITLE: U►R� �C' - I-�d1�/� COMMITTEE/DEPARTMENT: aon DESCRIPTION OF REQUEST: (Include such information as* "request for legal opinion" or "relates to pending litigation" . Is this a request of a committee or an individual member's concern; and is the request high/low priority and explain why. Please attach all relevant documentation. ) el�,OJ61�p di m, a5 We Lk QS o 90erl p t�e r . � d.� rfe f 11 -h-a5 -v d kc/ 4 n LL,-? etLcn� . TIME FRAME: u (By what date is a response needed; please explain. ) SUBMIT COMPLETED REQUEST FORM TO OFFICE OF TOWN MANAGER FOR PROCESSING Your request for legal services relative to was: Forwarded to Town Counsel Date: Returned Date: Reason: Town Manager pORTH Ota«�D ,�1ti0 3? 0 4BOARD OF HEALTH 1- 9 r 120 MAIN STREET TEL. 682-6483 �,SSACHUSEtty NORTH ANDOVER, MASS. 01845 Ext23 October 15, 1993 Michael Leary 57 Essex Street North Andover, MA 01845 RE: Failed septic system Dear Mr. Leary: If you recall, in our telephone conversation of October 8th we discussed that although you had contracted with JTC Construction and Tim Melvin to repair your long-failed septic system and that a permit was taken out for this repair on September 24th of this year, nothing to date has been done to actually repair the system. I stated that if no progress had been made by October 15th, today, then I would be notifying our Town Counsel that we wish to proceed with the lawsuit. You assured me that you would contact your contractor immediately and have him start the repair. I have heard nothing from you since then. I inspected the leaching area of your system this morning and found that no work of any kind has been done; leachate is still oozing out of the ground and there is still the noticeable odor of septage in the area. I have spoken to Town Counsel and requested that the case proceed. You can still prevent this by starting the repair immediately and having a significant amount accomplished by next Friday, October 22nd. If you have any progress to report, please call the office. Sincerely, Sandra Starr Health Sanitarian/Agent cc: Karen Nelson, Dir. Planning Koppelman & Paige File gORTH 3:°°�"90 `�° BOARD OF HEALTH " 120 MAIN STREET TEL. 682-6483 ACH�S�tNORTH ANDOVER, MASS. 01845 Ext23 MEMORANDUM + 4 DATE: October 14, 1993 TO: Karen Nelson f FROM: Sandy Starr ,�� RE: Leary Septic System Repair To date Michael Leary has not begun repair of his septic system. I have called and spoken to him several times concerning the dilatoriness of his contractors and how it is still his responsibility to have the system repaired, and have even suggested that, since the contractor and installer he chose have not begun the repair, that he might want to find someone else. As far as I know he has done nothing on this score either. It is my intention to call Kim Holiday tomorrow and tell her to proceed with the legal case. Do you have any problem with this? Please let me know; I should be back from Boston sometime this afternoon. 011 ruAk 4.0 1 pORTM Of t« o 1ti0 BOARD OF HEALTH p 120 MAIN STREET TEL. 682-6483 �,SSACMUSEtty NORTH ANDOVER, MASS. 01845 Ext23 M E M O R A N D U M DATE: November 18, 1993 TO: Karen Nelson FROM: Sandy Starr RE: Septic system repair on 57 Essex Street This memo should serve to notify you that the Leary septic system, located at 57 Essex Street, has been repaired. Approval to backfill the system was given on November 12 , 1993 , so, finally we can close this case! SEPTIC SYSTEM INSTALLATION IS THE INSTALLER LICENSED? YE NO TYPE OF CONSTRUCTION: NEW (!!EPAIR NEW CONSTRUCTION: CERTIFIED PLOT PLAN REVIEW YES NO CONDITIONS OF APPROVAL YES NO (FROM FORM U) ISSUANCE OF DWC PERMIT YES NO DWC PERMIT PAID? YES NO DWC PERMIT NO. INSTALLER:7/-�M / '/c"zVlltl BEGIN INSPECTION YE NO: EXCAVATION INSPECTION: NEEDED: PASSED /�/8/9 :5 BY ,CLQ AA) CONSTRUCTION INSPECTION: NEEDED: AS BUILT PLAN SATISFACTORY: YES: APPROVAL TO BACKFILL: DATE: /a / BY FINAL GRADING APPROVAL: DATE BY FINAL CONSTRUCTION APPROVAL: DATE: BY m SENDER: • Complete items 1 and/or 2 for additional services. I also Wish to receive the • Complete items 3,and 4a&b. following services (for an extra V y • Print your name and address on the reverse of this form so that we can fee): '> m return this card to you. m m • Attach this form to the front of the mailpiece,or on the back if space 1. El Addressee's Address N does not permit. r (D • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery a +� • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. m 3. Article Addressed to: 4a. Article Number m 14ichael LEary P 273 797 663 57 Eo: sex Street 4b. Service Type 0 North Andover, MA 01V5 ❑ Registered ❑ Insured � N EjCertified ❑ COD 6 W El Express Mail ❑ Return Receipt for C I/ Merchandise c } 7. Date of Deliveryw Q 0 0 z >� W 5. Signature (Addr s e) 1 8. Addressee's Address(Only if requested Y H + and fee is paid) W t 6. Signature (Agen 0 to -7`6-f3 H PS Form 3811, December 1991 z} U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT U S.MAIL OF POSTAGE,$300 Print your name, address and ZIP Code here r. w P 273 797 663 Receipt for Certified Mail AwlM No Insurance Coverage Provided W ED STATES Do not use for International Mail Po5TAl5E-M (See Reverse) Sent to Michael Leary Street�ToEssex Street P.O.,State and ZIP Code North Andover, MA Postage $ ^9 Certified Fee y1 OJ(a Special Delivery Fee (/ Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered 'D1) a) Return Receipt S to Whom, C Date,and ee' ress 7 ) TOTw C &&Fe Fe $ 'V C POS or yr{ 00 E LL v GAS a STICK POSTAGE. STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED HAIL FEE,ADD 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 leaving the receipt attached snd present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return am 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 g return receipt card,Form 3611,and attach it to the front of the article by means of the gummed ends if space parmits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. pp 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, �! 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 U. return receipt is requested,check the applicable blocks in item 1 of Form 3611. a 6. Save this receipt and present it if you make inquiry. u U.S.GPO:1991-302-916 NORTol O� 1{ BOARD OF HEALTH • s r° 120 MAIN STREET TEL. 682-6483 ACMUSEt�y NORTH ANDOVER, MASS. 01845 Ext 23 October 15, 1993 Michael Leary 57 Essex Street North Andover, MA 01845 RE: Failed septic system Dear Mr. Leary: If you recall, in our telephone conversation of October 8th we discussed that although you had contracted with JTC Construction and Tim Melvin to repair your long-failed septic system and that a permit was taken out for this repair on September 24th of this year, nothing to date has been done to actually repair the system. I stated that if no progress had been made by October 15th, today, then I would be notifying our Town Counsel that we wish to proceed with the lawsuit. You assured me that you would contact your contractor immediately and have him start the repair. I have heard nothing from you since then. I inspected the leaching area of your system this morning and found that no work of any kind has been done; leachate is still oozing out of the ground and there is still the noticeable odor of septage in the area. I have spoken to Town Counsel and requested that the case proceed. You can still prevent this by starting the repair immediately and having a significant amount accomplished by next Friday, October 22nd. If you have any progress to report, please call the office. Sincerely, Sandra Starr Health Sanitarian/Agent cc: Karen Nelson, Dir. Planning Koppelman & Paige File +Z 370 627 499 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Street i£Num7-55 Post ce,Stat &ZIP e CJ Postage $ , 3 3 Certified Fee Special Delivery Fee Restricted Delivery Fee LO Retum Receipt Showing to Whom&Date Delivered o, Retum Receipt Showing to Whom Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ , 0 Postmark or Date 0 LL rn a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 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). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach,and retain the receipt,and mail the article. LO 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 ends if space permits. Otherwise,affix to back of article. Endorse front of article Q RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C O addressee,endorse RESTRICTED DELIVERY on the front of the article. M} 5. Enter fees for the services requested in the appropriate spaces on the front of this ;_ receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ri 6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 a Town of North Andover t 40RTN OFFICE OF 3?O pit to '..'41'e40 COMMUNITY DEVELOPMENT AND SERVICES41 p 27 Charles Street :t WILLIAM J. SCOTT North Andover,Massachusetts 01845 sAcNus���y Director (978)688-9531 Fax(978)688-9542 October 20, 1999 Michael Leary 57 Essex Street North Andover,MA 01845 Dear Mr.Leary: A letter was sent to you dated September 7, 1999 which required you to submit to the Health Department a copy of a sewer tie-in permit from the North Andover DPW along with a signed agreement from your chosen contractor to install a municipal sewer connection to your house at 57 Essex Street. To date there has been no such submission. Therefore,the Board of Health requires your presence at their next meeting to be held on October 28, 1999 at 7:15 P.M.in the Town Hall at 120 Main Street to discuss this issue. At that time the Board will determine whether fines will be imposed for your lack of response. Please feel free to call the Health Department at 978-688-9540 should you have any questions. Sincerely, Sandra Stan:,R.S. Health Administrator Cc: File BOH BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 T a Z 370 627 471 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Michael Lear Street&Number 57 Essex Street Post Office,State,&ZIP Code North Andover MA 01845 Postage $ . 33 Certified Fee 2 . 65 Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom&Date Delivered a Return Receipt Showing to Whom, Q Date,&Addressee's Address 9 TOTAL Postage&Fees $ 2. 98 00 M Postmark or Date 9/�t g/oa -��� m dc-nd lin e Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 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). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach,and retain the receipt,and mail the article. IS LO 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article Q RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this �+ receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. LL' 6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 d ` NORTk Town Of North Andover Community Development & Services DWilamirec or Scott 27 Charles Street (978)688-9531 "". •�•'`� North Andover, Massachusetts 01845 CHUS Fax 978-688-9542 Board of September 27, 2000 Appeals (978)688-9541 Building Michael Leary Department 57 Essex Street (978)688-9545 North Andover,MA 01845 Conservation Department Re: Sewer Tie-In (978)688-9530 Health Dear Mr. Leary: Department (978)688-9540 In October of 1999 you applied to DPW for a sewer service connection. Since that time there has apparently been no progress towards the actual hook up. The Public Health Board is currently creating a list of non-compliant residents relative to sewer Nurse connection to be submitted to Town Counsel for legal-action. To avoid being part (978)688-9543 of this list, please move forward immediately with your tie-in. You must be connected to the municipal sewer before the end of this calendar year to avoid Planning legal action. Department (978)688-9535 Please feel free to contact this office if you have any questions. Sincerely, Sandra Starr,R.S., C.H.O. Health Director Town of North AndoverNORTHy OFFICE OF 3201 ,e,1O� COMMUNITY DEVELOPMENT AND SERVICES p . . 27 Charles Street North Andover, Massachusetts 01845 X44°•,r•° "tty VALLIAM J. SCOTT SSACHUSE Director (978)688-9531 Fax (978)688-9542 March 24, 2000 Mr. &Mrs. Michael Leary 57 Essex Street No. Andover, MA 01845 Re: Sewer Tie-in Dear Mr. &Mrs. Leary: The Health Department has been supplied with a list of all residences, currently on septic, which have access to the municipal sewer system. As previously published at a Public Hearing on March 17, 1994, the Board of Health has adopted regulations concerning the required sewer tie-in. The following timetable concerning your property status was adopted: 4.1 All establishments that currently do not have municipal sewer available to them must connect to the sewer as soon as it becomes available, with a maximum time limit of six months. The purpose of these regulations is to safeguard North Andover's drinking water, surface waters, groundwater and surrounding environment. Sanitary sewer is believed to be the most effective form of wastewater treatment. A copy of the entire regulation can be obtained at our office. Your property is in violation of this Board of Health regulation. Please contact the Health Department regarding this matter immediately. If we do not hear from you by May 10, 2000 your name will be placed on the regularly scheduled Board of Health meeting agenda and placed on public notice. The meeting will be held on May 25, 2000 for discussion of legal action including court hearings. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sewer Tie-In 57 Essex Street Page 2 Any questions concerning this regulation should be directed to the Board of Health at (978) 688-9540. Additional inquiries regarding the physical tie-in and permitting process should be directed to the Department of Public Works at (978) 685-0950. Please be advised this Board intends to persevere in this regulation. Yours truly, Gayton Osgood, Chairman Francis P. MacMillann,M.D., Member John S. Rizza, D.M.D., Member SF/smc OCT - 28 - 99 T H U 10 : Z2 P _ 02 1457 APPLICATION FOR SEWER SERVICE CONNECTION North Andover, Mass. LACT 19 Application by the undetsigned is hereby`Tade to Zontiect-with tf a town sewer main in �,'��`' Street, subject to the rules and regulation of ihd,1)1vrsion;of 06W'tc Works ' The premises are known as No. 57Street or subdivision lot no. Owner Address - Contractor. Add. Applicant's Signatur Co V JEPm Z'7 �� �� J PERMIT TO CONNECT WITH SEWER MAIN The Division of Public Works hereby grants permission to to make'a connection with the sewer ruin at =Street subject to the rules and regulations of the Division of Public Works.. Division of Public Works By inspected by Date See back for rules and regulations Town of North Andover t &ORTh 1 OFFICE OF 3�° `.o c COMMUNITY DEVELOPMENT AND SERVICES ° !- 9 X � 27 Charles Street North Andover, Massachusetts 01845 `°A,T.o�•"`ty WILLIAM J. SCOTT 9SSACNU5�� Director (978)688-9531 Fax(978)688-9542 September 7, 1999 Michael Leary 57 Essex Street North Andover,MA 01845 Dear Mr.Leary: On September 16, 1993 the North Andover Board of Health voted to allow you a five year respite period during which time you would not be required to hook up to the municipal sewer. (See enclosed minutes.) That five year period expired one year ago and the Board is now requiring that you tie-in to the sewer. By October 14, 1999 please submit to the Health Department a copy of a sewer tie-in permit from the North Andover DPW and a signed agreement from your chosen contractor who will install the sewer line to your house. Please feel free to call the Health Department at 978-688-9540 should you have 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 f� d Page 5 Minutes: September 16, 1993 that a variance can be granted for him to pump his system by next summer, but Dr. MacMillan believes he should still have his system pumped every three years. Mr. Leyland stated that, at the present time, the response from the Watershed Septic Pumping letter has been 34%. Mr. Leyland wanted to know how the Board wants to handle the enforcement. Dr. MacMillan suggested that they should be advised again that there is a fine if this is not done and after two to three months they should be fined. The Board agreed to give residents up to three (3) months to response before a fine will be implemented. In Reference to Dr. MacMillan's Previous Question About Chlorine in His Water at 75 Woodcrest Drive, North Andover MA: Mrs. Starr spoke with Linda Hmurciak from the Water Department regarding Dr. MacMillan' s water supply at 75 Woodcrest Drive, and she said that the automatic chlorinators are not in use and have not been in use for several years. . Mrs. Starr stated that if a chlorine taste and/or odor is coming from the water it is coming directly from the plant. Linda Hmurciak will check that out. Mrs. Starr mentioned that if this ever happens again to call the Water Department and let them know. . 221 Farnum Street - John Silveri: Mrs. Starr mentioned that she wanted the Board to be aware of a letter that she recently sent certified in reference to a new home owner who built a masonry wall across his leach area. Dr. MacMillan asked, "what harm is the wall going to do?" Mrs. Starr stated that first of all, he has regraded adding extra soil, second, it is a heavy wall. The resident put it right over the leach and reserve areas which is a State Regulation. Mrs. Starr stated that you need that leach area, that reserve area, just in case you get a failure. The Board agreed that the wall has to go. Leary - 57 Essex Street: Mrs. Starr stated that at the present time no permit has been pulled for 57 Essex Street to start construction. Dr. MacMillan mentioned that at the last Board of Health meeting the issue of whether or not the Board should require Mr. Leary to 1. tie-in after the repair and what year was tabled, and it needs a vote by the Board. � I r ' A' I Page 6 Minutes: September 16, 1993 On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to allow the resident at 57 Essex Street five (5) years to tie-in to town sewer assuming that the system is operating properly. ADJOURNMENT: On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to adjourn at approximately 8:30 p.m. ay o Osgood, erk I � I October 5, 2000 Town of North Andover Community Development & Services 27 Charles Street North Andover, MA 01845 Attn: Sandra Starr, Health Director Dear Ms. Starr, I am in receipt of your letter of 9/27/00 regarding the sewer tie-in at 57 Essex Street. You are correct in the fact that I applied for a permit in October 1999 with the DPW and I contracted with Joseph Cristaldi to perform the work. In his research at DPW he found that no stump had been installed on the line on Essex Street in front of my land. My understanding is that this is a necessity for me to tie-in. We have been waiting or the DPW to advise as to when this work will be done so that Mr. Cristaldi can schedule his part of the tie-in. Any assistance that your Board can supply would be appreciated. S' er J Michael J. e ry MJL/nf Cc: Joseph Cristaldi Attorney Tom Urbelis r5 ti P Memorandum To: Bill Hmurciak,DPW Director CC: Sandra Starr,Health Director Michael Leary,Homeowner From: Susan Ford,Health Inspector Date: 10/12/00 Re: 57 Essex Street Dear Bill, This correspondence is in regards to the septic abandonment and the sewer tie- in of the home at 57 Essex Street that is owned by Mr. Michael Leary. Please be advised that this homeowner is presently under Order from the Board of Health to tie into sewer. (See attached letters dated September 7, 1999 and September 27, 2000) Recently,however,the homeowner notified the Health Department that there is not a sewer stub available to his property. As a follow-up to this new information, I spoke with Tim Willet,and I have come to understand that the stub intended for this home was installed many years ago,but it is not accessible in its present location. As this homeowner is facing legal action by the Town for non-compliance to the sewer tie-in Health regulation,I would appreciate a response from you as soon as possible. The time variance granted for 57 Essex Street has long since expired and it must be tied into sewer before the end of this calendar year. This finding at this late date does not change the responsibility to comply by the homeowner. If you have any questions please do not hesitate to call me at 688-9540. Thank you for your attention to this matter. 1 Town of North Andover NORTH OFFICE OF 3�Oy e o e 1ti�0 COMMUNITY DEVELOPMENT AND SERVICES ° p 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT 9SSACHUSES Director (978)688-9531 Fax (978)688-9542 September 7, 1999 Michael Leary r. 57 Essex Street North Andover,MA 01845 Dear Mr.Leary: On September 16, 1993 the North Andover Board of Health voted to allow you a five year respite period during which time you would not be required to hook up to the municipal sewer. (See enclosed minutes.) That five year period expired one year ago and the Board is now requiring that you tie-in to the sewer. By October 14, 1999 please submit to the Health Department a copy of a sewer tie-in permit from the North Andover DPW and a signed agreement from your chosen contractor who will install the sewer line to your house. Please feel free to call the Health Department at 978-688-9540 should you have any questions. Sincerely,, � � Sandra Stan,R S. Health Administrator Cc: BOH File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 MEMO TO: SANDRA STARR, HEALTH DIRECTOR FROM: TIM WILLETT, DPW STAFF ENGINEER CC: BILL HMURCIAK, BRIAN LEGRASSE RE: UPDATE ON SEWER STUB AT 57 ESSEX ST DATE: 24-Oct-00 SINCE IT APPEARS THAT MR.LEARY HAS NO LEGAL RIGHT TO INSTALL A SEWER LINE UP THE DRIVEWAY HE SHARES WITH MR.SCULLY,61 ESSSEX STREET,MR. LEARY'S SEWER LINE WILL PROBABLY HAVE TO BE INSTALLED WITHIN HIS FRONTAGE ALONG ESSEX STREET. I BELIEVE THE FOLLOWING STEPS SHOULD BE TAKEN BY MR.LEARY TO CONNECT HIS HOUSE TO SEWER. 1 MR.LEARY SHOULD OBTAIN A SEWER CONNECTION PERMIT FROM THIS OFFICE. PART OF THIS PERMIT IS A"SIGN-OFF"BY CONSERVATION. 2 THE SEWER CONNECTION PERMIT WILL TRIGGER THE DECISION IF MR. LEARY NEEDS TO FILE A NOTICE OF INTENT WITH THE CONSERVATION COMMISSION FOR THE PROPOSED SEWER LINE. BRIAN LEGRASSE HAS TOLD ME THAT MR. LEARY WILL PROBABLY HAVE TO FILE,SINCE THERE ARE ABUNDANT WETLANDS ALONG THE ENTIRE FRONTAGE. 3 IF MR. LEARY HAS TO FILE A NOTICE OF INTENT,HE WILL HAVE TO HIRE A PROFESSIONAL ENGINEER TO PREPARE PLANS AND DOCUMENTS. THIS WILL TAKE SEVERAL MONTHS TO ACCOMPLISH. 4 ONCE MR.LEARY COMPLETES THE NOTICE OF INTENT PROCESS,THIS OFFICE WILL PROVIDE A SEWER STUB IN THE LOCATION SHOWN ON THE NOTICE OF INTENT PLAN. AFTER THAT,CONNECTING TO SEWER IS A MATTER OF HIRING A CONTRACTOR TO DO THE WORK. THE CONTRACTOR WILL FOLLOW AN ORDER OF CONDITIONS OBTAINED THROUGH THE NOTICE OF INTENT. n Michael and Carol Leary 57 Essex Street North Andover, MA 01845 July 19, 1993 Board of Health Town of North Andover 120 Main Street North Andover, MA 01845 Attn: Dr. MacMillan, Chairman Dear Sir: I am most disturbed by a leter sent by Mrs . Karen Nelson, Director of Planning and Community Development regarding the septic system at 57 Essex Street, North Andover both as to its content and its tone. The accusations that I have purposely delayed/failed to respond to letters and requests by the Board of Health are simply not true. As your meeting notes will attest, I have been at every meeting that your Board has requested and have brought the necessary professionals to answer the Board's questions regarding our septic system. My last contact with the Board was in May of 1993 when I met with Sandra Starr and advised her of my situation with the abutting property owners . Simply put, both neighbors are very hesitant about our crossing their land to repair the system. Sandy's comments to me were quite clear - one, that she would be sending me a letter informing me that we would have to pump our septic tank on a regular basis until sewage was extended to our area and two, that we were going to end up spending a lot of money when this sewage line was extended to our area. Our next contact with the Board came in the form of the letter from Karen Nelson threatening legal action. Again, I state to you that we have always responded to the Board's phone calls and correspondence as records in my office will attest. Continued. . . Board of Health July 19, 1993 Page Two Dr. MacMillan, we very much want to solve this problem. Unfortunately outside forces have put us in a Catch 22 situation that we are trying to work out with the neighbors. As we try to resolve these aspects I respectfully request from your Board information regarding the extension of sewage to our street as to its timing and cost. I think that it is only fair that we should have from the Board facts on what to expect in the future. If, in fact, there will be sewage facilities on our street your Board has previously indicated that we will have no choice as to hooking up at our expense. We believe that this is the best solution for the area and the viability of the Lake as the town's source of drinking water. I will say to you here in letter form what is difficult to say in a public meeting - with three children approaching college age, we as a family simply cannot afford to rebuild the existing system and then the turn right around and pay the cost of sewage extension. May I suggest that we meet with your Board to see how we can find a solution to this issue. We look forward to hearing from you. S' cerely, -GlX Michael J. Le y Q arol CA. Leary Leary 57 Essex Street North Andover, MA 01845 Board of Health Dr. MacMillan, Chairman Town of North Andover 120 Main Street North Andover, MA 01845 Cr 310 CMR 10- p TA > - 5 �'- '1 ��Ei=,t.No• 242-635 Form . (To u avmma c+l oEP! r � GN•Town North Andover Commonwealth Michael J. T - -- `- of Massacnusetts aoorrcant Lot 2A (#57) Essex Street Oder of Conditions Massachusetts Wetlands Protection Act G.L. C. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From North Andover Conservation C Same To Michael J. (Name of property owner) (Name of Applicant) P.O. Box 256 Adcress Boxford *, I MR address This Order is issued and delivered as follows: (date) ❑ by hand delivery to aopiicant or representative on (date) by certified mail.return receipt requested on This project is located at Lo The proderty is recorded at the Registry of Deeds North 1257 'Page 791 Boo _ Certriicate(it re_.steredl 2 November 1999 (date) The Notice of Intent for this oro;ect was filen on 1 November 18, 1992 (date) The oubfic nearing was closed on Findings has reviewed the above-referenced Notice of The e^ ec cased on the intormation avaiiadie to the Intent ane ztans an:.n neid a pudfic hearing on;h- �I--NACQ has determined that NACC at this time.the the area on waren the dreoosed work is to be done rs significant to the totiowrng interests in accordance with Sionif►cance set torte rn the re;uratrons for each Area Subject to Prole.::on Under the the FrEsurhDtiO:is 0. - Act tC:eck as a=roorratel: Ch.178 In Prevention of erosion and sedimentation Fiood control 1.1 land containing shellfish Pubiic water suapiY Private water su=tY Storm damage prevention Fisheries eec^c Prevention of pofiuuon n of wildlife habitat 12 Ground water supply Ch-17ti0 Recreation Ch. 178,® Wildlife State Share Twat Hind Fee Submitted (y_ ( iii excess ct 52=i City+'iown Share $40.00 State Portion S ('h rotaa))l) S Total Refund Due `- CiiylTown P (y2 total) t � Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GEHEHU CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2 . This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3 . This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4 . The work authorized hereunder shall be completed within three years from the date of this Order. 5. This order may be extended by the issuing authority for one or more periods of up -to one year each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 7 . The proposed work includes the construction/repair of a septic system and related grading within the buffer zone. 8 . The work shall conform to the following (except as noted in the remainder of this document where revisions may be required) : (a) Notice of Intent filed by Michael J. Leary. (b) Plans prepared by Merrimack Engineering Services, Inc. revised, November 6, 1992 , revised November 12, 1992. 9. The following wetland resource area is affected by the proposed work: buffer zone and bordering vegetated wetland. These resource areas are significant to the interests of the Act a #242-635 Lot 2A (#57) Essex Street 3 and Town Bylaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated November 12 , 1992. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12 . The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. PRIOR TO CONSTRUCTION 13 . No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 14. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 15. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection, File Number 242-635" . 16. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant) . Within 21 days of the close of #242-635 Lot 2A (#57) Essex Street 4 said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 17. The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. 18 . The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 19. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 20. A row of staked hay bales backed by a siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on plans, also, prop double layer 10 mil. polyethylene barrier as shown on plans. This shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. 21. The applicant shall have on hand at the start of any soil disturbance, removal 'or stockpiling, a minimum of twenty-five (25) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence) . Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 22 . A proper bond or a deposit of money running to the Town of North Andover shall be provided in the amount of $2 , 000. 00 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North #242-635 ,Lot 2A (#57) Essex Street 5 Andover Town Treasurer before commencement of work. Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. DURING CONSTRUCTION 23 . Upon beginning work, the applicant shall submit written progress reports every one (1) month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 24 . Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 25. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 26. No regrading in the buffer zone shall have a slope steeper than 2: 1 (horizontal:vertical) . Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 27. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 28. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 29 . All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. 30. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 31. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect y #242-635 Lot 2A (#57) Essex Street 6 compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 32. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 33 . The applicant shall construct a monitoring well between the septic system and the wetland. Groundwater samples will be taken and analyzed by the applicant to determine fecal coliform concentrations. Results will be submitted to the NACC and the Board of Health on an annual basis for the life of this septic system or any future systems in this location. 34 . No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This Condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of' 'the Town's Wetland Protection ByLaw. 35. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 36. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has. been achieved. 37 . Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer or Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions) . #242-635 :Lot 2A (#57) Essex Street 7 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 13. Monitoring well. 33 . Discharge or spillage of pollutants. 34. Prohibition of storage of fuels underground. 35. Limitations on the use of fertilizers, herbicides and pesticides. Issued By North Andover Conservation Commission Signature(s) cAAX This Order must be signed by a majority of t e Conservation Commission. On this ay of ����� 19�. before me personally appeared " X01 Gt l . to me known to be the person described in and who executed the foregoing instrument and acknowledged that he:she executed the same as his/tier free act and deed. oe Notary Public My commission a fres The azimicant.the owner.any person aggrieved by this Order.any owner of land abutting the land upon which the oropesea work is to be done.or any ten residents of the city or town in which such land is located.are hereby notified of their rlgnt to reauest the Deoartment of Environmental Protection to issue a Superseding Order.providing the request Is made by certified mail or hand delivery to the Department. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030.within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. Detach on dotted line and submit to the North" Andover Conservation Comm. prior to commencement of work. .................................................................................................................................... To North Andover Conservation Commission !ssumg Auinonty Please be advised that the Order of Conditions for the protect a Lot 2A -(#57) Essex Street F♦le Number 242— 635 has been recorded at the Realstry of Deeds. North Essex and has oeen noted in the chain of title of the affected ordoerty in accordance with General Condition 8 on t 9 If recorded land. the Instrument number which identifies tilts 7ansacaon 13 M registered land. the document number which Identifies this transaction Is Acclic3n' Sicnature 5.4A o SENDER: I also wish to receive th • Cofnplete items 1 and/or 2 for additional services. 1 y • Complete items 3,and 4a&b. following services (for an a trae( . rn H • Print your name and address on the reverse of this form so that we can fee): V return this card to you. t m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Addre§s +j does not permit. ra • Write"Return Receipt Requested"on the mailpiece below the article number. Al « • The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery 4) c delivered. Consult postmaster for fee. m 0 3. Article Addressed to: 4a. Article Number a 1-1-r. Nlichaei Leary 3 2 m Essex Street 4b. Service Type E 57 E o ❑ Registered ElInsuretl ivr�si:li Aadaver, MA 01845 � rn �Q Certified El COD e Uj ❑ Express Mail ❑ Return Receipt for 3 Merchandise p 7. Date of Delivery Q > > Z r >1 5. Signature (Addressee) 8. Addressee's Address(Only if requested X H and fee is paid) W t 6. §,�nature (Agent) 0Till/ I // (" H PS Form 3811, December 1991 U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERV I", � Official Business PENALTY FOR PRIVATE 1 USE TO AVOID PAYMENT :-' OF POSTAGE.$300 Planning & Community Development Town Building 120 Main Street North Andover, MA 01845 Print your name, address and ZIP Code here Iii Mill iIII 1IJ!dI1:11111,11 , P Lk90 095 327 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) N N Sent to N Mr. Michael Lear m Street and No. 57 Essex Street a P.O.,State and ZIP Code " 5 N Postage 5 2. 29 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered rA rn Return Receipt showing to whom, Date,and Address of Delivery d j TOTAL Postage and Fees 5 0 oco Postmark or Date E Sent 7/2/93 0 LL N STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 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) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. It 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 ends if space per- mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the appropriate spaces on the front of this receipt. If retu;rf receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. *u.s.G.P.o.1989-234-555 •r' CF,.owT.,1ti KAREN H.P.NELSON r' �°n TOWN of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING ; ; .� CONSERVATION ,ee�CMV5f4 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT July 2, 1993 Certified #P290 095 327 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health has corresponded and discussed with you the need to repair your failing septic system at 57 Essex Street. The Board of Health has been more then fair in their attempts to work with you in order to correct the health code violation that has persisted for over two ( 2 ) years on your property. This septic system does not function properly and continues to threaten our public water sypply. Your repeated delays and non-response to our recent letters leaves the Board of Health with no option other than to take legal action against you at this point in time. If, however, you commence work based on an approved repair of the system within ten ( 10) days of the receipt of this notice, the Board will withhold legal action. Sin erely K ren H. P . elson D vision Director Planning & Community Development attachment cc Sandra Starr, Health Agent Post-it"'luting request Pad 766, Please ROUTING _ REQUEST ElREAD �yL HANDLE To ❑ APPROVE and ❑ FORWARD ❑ RETURN ❑❑ KEEP OR DISCARD p/ REVIEW WITH ME r Date From �10RTly Oitee ,b�ti0 3: BOARD OF HEALTH � p # ` 120 MAIN STREET TEL. 682-683 "SS��H�SEt NORTH ANDOVER, MASS. 01845 Ext. 32 MEMORANDUM TO: Karen Nelson, Director, Planning & Comm. Dev. FROM: Carol Pawelski, Health Secretary Y RE: 57 Essex Street Septic System Repair DATE: June 3 , 1993 The Board Members requested that either Jim Gordon or Town Counsel send Mr. Leary a very strong letter in reference to the repair of his septic system. Several letters were sent to Mr. Leary and still no action has been taken on repairing his system. If you have any questions and/or what the contents of the letter should contain, please check with Sandy. Thanks. /cjp gORTN O�tae ,6,+ BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 9SS�cHu NORTH ANDOVER, MASS. 01845 Ext. 32 MEMORANDUM DATE: June 25, 1993 TO: Karen Nelson FROM: S. Starr, Health Agent „/,` RE: Letter to Michael Leary The Board of Health at their meeting last evening again expressed concern about the ongoing conditions of failure of the septic system at 57 Essex Street, owned by Michael Leary, and dismay that no letter stating the Board's position, ie. that the system must be repaired or court action will be taken, has yet been sent. As you know, this area of the Watershed has been of ongoing concern during the recent months of water sampling. The Leary septic system which showed pooled effluent over the leaching area on May 28th is directly above a culvert with a stream that discharges into Lake Cochiewick. It is imperative that something be done to remedy the situation. Could you please make every effort to see that this letter is sent as soon as possible? NOR iM KAREN H.P.NELSON ? Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION e°'°""9`s DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT July 2, 1993 Certified #P290 095 327 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health has corresponded and discussed with you the need to repair your failing septic system at 57 Essex Street. The Board of Health has been more then fair in their attempts to work with you in order to correct the health code violation that has persisted for over two ( 2 ) years on your property. This septic system does not function properly and continues to threaten our public water sypply. Your repeated delays and non-response to our recent letters leaves the Board of Health with no option other than to take legal action against you at this point in time. If, however, you commence work based on an approved repair of the system within ten ( 10) days of the receipt of this notice, the Board will withhold legal action. Sin��((��eJJrely G'vWj K ren H. P. elson D vision Director Planning & Community Development attachment cc Sandra Starr, Health Agent , qd� ,foo p BOARD OF HEALTH s � 120 MAIN STREET SACHusENORTH ANDOVER, MASS. 01845 TEL Ext. 32 o 483 February 28, 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: On February 26, 1991, I inspected the premises of 25 Essex Street (your neighbor' s lot) . Upon the inspection, I viewed sewage flowing over the ground from your septic system. On previous inspections I was made aware that this condition was occurring. However, I did not actually see sewage flowing out of the ground, although evidence of this was visible. It appears that your leaching field has reached its life expectancy. The discharging of sewage over the ground is in violation of the State Sanitary Code, 310 CMR 15, 02 (20) . This condition must be terminated immediately. Please obtain the services of an engineer or other qualified person. Arrangements should be made by this person with the Board of Health to have your system repaired. In the meantime, your septic tank should be pumped and pumping should continue until a permanent solution to your problem is achieved. Continued pumping will prevent sewage from reaching your leachfield. If you have any questions, please do not hesitate to call me at 682-6483 , Tuesdays or Thursdays. Sincerely, Michael J. Rosati Health Agent MJR/cjp NORTH � egHo� BOARD OF HEALTH O # r t. • 120 MAIN STREET TEL: 682=6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 �SSACHUSES April 11, 1991 Mr. Michael J. Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health is in receipt of your letter requesting a public hearing regarding your property on 57 Essex Street. You have been granted a public hearing at which time you will be given the opportunity to be heard. The hearing is scheduled for Thursday, April 18, 1991 at 8 : 30 p.m. at the Town Hall, Library Conference Room, 120 Main Street, North Andover, MA . . Please be advised that no variances regarding this may be granted by the Board of Health at this meeting as your request for a hearing does specifically request a variance. If you have any questions in connection with this matter, please feel free to call. A truly your, Allison C. Conboy, R. CHO Health Administrator ACC/cjp Ot AORTH °�0 4BOARD OF HEALTH ` 120 MAIN STREET . o, ,. • itk SS" 5E��� NORTH ANDOVER, MASS. 01845 April 19, 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health at its meeting of April 1-8 , 1' which you were in attendance, voted to make the 'IoI1.< , modifications to the order letter dated April . 8 , 1991: a) You must have your septic tank pumped as ;1i ten i. necessary to ensure that it does not ga cc t ? surface of the ground and submit copies of al. for pumping to this office. b) You must arrange with the Board of Eealth ati engineer to have a deep water table conducted � • ' � : thirty (30) days of receipt of this letter; and C) You must have the required repair of your syst _-- competed prior to August 31, 1991. d) You must send monthly updates to the Board of lle.i l.t-ti actions being undertaken in effort to comply W i ttl order letter. Please feel free to contact this office with any quc-.,ti ,i you may have. Very truly yours, a � Allison C. Conboy, R. S . ; lko Health Administrator ACC/cj p NORTH ?�°`'��° °�° BOARD OF HEALTH p 120 MAIN STREET TEL. 682-6483 4SSACHUSEt NORTH ANDOVER, MASS. 01845 Ext. 32 or 52 September 18 , 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: Pursuant to the Board of Health's decision at their April meeting, your failing septic system was to be repaired by August 31, 1991. As of this date, the repair has not taken place. To avoid further action by the Board of Health, arrangements should be made to have a proposal to repair your system submitted to this office by your engineer so that the repair can be conducted. Sincerely, Mich a J. osati Health Agent MJR/cjp pt ,AORTk 1 '190 � - °° F �� BOARD OF HEALTH i► o + .,,.:.p•:,,`�y 120 MAIN STREET TEL. 682-6483 ,SSACNUSEt NORTH ANDOVER, MASS. 01845 Ext. 32 or 52 January 25, 1992 Mr. Michael Leary 57 Essex Street Certified #P 844 208 187 North Andover, Ma 01845 Dear Mr. Leary: The Board of Health, at their meeting on April 18, 1991, outlined a number of modifications to the order letter dated February 28, 1991. The modifications included an extension of time within which to comply with the order letter by repairing your failed sewage disposal system. To date, this office has received no communications from you in regards to this matter. Whereby you have failed to comply with both the original order letter of February 28, 1991 and subsequent modifications made to the order letter by the Board of Health at their April 18, 1991 meeting. You are hereby notified that the Board of Health has placed this matter on the agenda for their February 12, 1992 meeting. You are scheduled on the agenda for 4:45 p.m. At this time the Board will deteitmine the appropriate course of action to follow in order to secure compliance. Please feel free to contact this office with any questions you may have. Very ttruly /yours, / Allison C. Conboy, R. ,j. C.H.O. Health Administrator ACC/cjp cc: Karen H.P. Nelson, Director, Planning & Community Dev. WO addressee � /O "�eiPt. 11 ,10RTfy , Oe 0. 3? , BOARD OF HEALTH • � �sr. � a ` ° • 120 MAIN STREET TEL. 682-6483 CM„SE� NORTH ANDOVER, MASS. 01845 Ext. 32 June 26, 1992 Mr. Michael Leary 57 Essex Street North Andover, Ma 01845 Dear Mr. Leary: The Board of Health is in receipt of a letter from Merrimack Engineering regarding soil testing for the design of a septic system on your property. As you are aware, you are under an outstanding order from this department (February 1991) to repair your failed septic system. Since the original compliance date of Auguat 31, 1991, the Board of Health has allowed extensions of time within which to repair your system. At their meeting on June 25, 1992, the Board of Health agreed to allow you one final extension of time within which to comply with the original order letter. The date for compliance has now been set at August 15, 1992. At which time the repair of your failed septic system must be completed. Thank you for your cooperation. Please contact me with any questions you may have. Sin erely, A is y, .S. ; C Healt Administrator ACC/cj p s or the g(Immed 'tide RETruRN c the addressee, O 0 this receipt if NpRT1r BOARD OF HEALTH 990.270 O % • s ` °• 120 MAIN STREET TEL. 682-6483 'SSACMUSES NORTH ANDOVER, MASS. 01845 Ext. 32 September 21, 1992 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health at their meeting of September 17, 1992 received information that your engineer and Mr. Richard Doucette, Conservation Commission Administrator, had reached an agreement that your failed septic system could be rebuilt in place. The Board agreed with this and also agreed that plans for this repair must be filed and construction begun by the next Board of Health meeting in October. The Board has been extremely understanding and lenient about this situation which has been ongoing since February of 1991. You should be aware that under 310 CMR 15. 26 of the State Environmental Code that "Any person who shall fail to comply with any order issued pursuant to the provisions of this Title shall, upon conviction, be fined not less than 10 nor more than 500 dollars. Each day's failure to comply with an Order constitutes a separate violation. " To avoid possible fines or court action, please move forward with this repair as soon as possible. If you have any questions, please do not hesitate to call me at the office on any Monday, Wednesday or Friday. Sincerely, } Sandra Starr Health Agent cc: Karen Nelson, Director, Planning & Comm. Dev. Richard Doucette, Conservation Commission Les Godin, Merrimack Engineering Certified Mail# P 844 208 149 �N i o, e d aalPSSPe ' Jc� isipC�,,Oj/f C 2j0. MORTM lin. O�tao ,a 1tiO BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 Cw„SEs�y NORTH ANDOVER, MASS. 01845 Ext. 32 F!LE May 19, 1993 Michael Leary 57 Essex Street Certified#P 844 208 133 North Andover, MA 01845 Dear Mr. Leary: If you remember, I spoke with you several weeks ago concerning the repair of your failed septic system, stating that the weather was sufficiently dry and that you should start the repair of your septic system. To date there has been no response from you or from any disposal works installer purporting to be your representative. Please contact this office before next week, May 26th with the name of your installer or have the installer come to the office and apply for a permit for the riepair of your septic system. Sincerely, Sandra Starr Health Agent OfNORTH ttac ,ti0 BO-ARD OF HEALTH ,' ` 120 MAIN STREET TEL. 682-6483 SACHUSE�ty NORTH ANDOVER, MASS. 01845 Ext. 32 MEMORANDUM DATE: June 25, 1993 TO: Karen Nelson FROM: S. Starr, Health Agent RE: Letter to Michael Leary The Board of Health at their meeting last evening again expressed concern about the ongoing conditions of failure of the septic system at 57 Essex Street, owned by Michael Leary, and dismay that no letter stating the Board's position, ie. that the system must be repaired or court action will be taken, has yet been sent. As you know, this area of the Watershed has been of ongoing concern during the recent months of water sampling. The Leary septic system which showed pooled effluent over the leaching area on May 28th is directly above a culvert with a stream that discharges into Lake Cochiewick. It is imperative that something be done to remedy the situation. Could you please make every effort to see that this letter is sent as soon as possible? MEMO TO FILE DATE: May 28, 1993 RE: Leary septic system This morning Bill Hmurciak and I visited the Leary property and checked the leaching system area. We found the ground very spongy and wet with effluent trickling out the side towards the culvert which lies below the system. Pooled effluent was also present on top of the ground. OF o0RTh KAREN H.P.NELSON o °% Town of 120 Main Street, 01845 Director ; BUILDING NORTH ANDOVER (508) 682-6483 CONSERVATION ss�CHUgES DIVISION of HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum TO: Board of Health FROM: R.Doucette, R.Nelson, G.Perna, D.Bedrosian, L.Hmurciak and B.Hmurciak DATE: May 27, 1993 RE: Leary Septic System Repair Various staff have been working together (along with your Health Agent) in an ongoing effort to monitor the Lake's water quality. We would like to comment on an issue on your agenda tonight. It has come to our attention that you will be meeting with Mr. Leary tonight regarding the failed septic system on his property. As you know, this septic system has not functioned properly for well over two years and continues to threaten our public water supply. High phosphorous counts and other parameters have been identified in the area downstream from the Leary property. Other areas have also indicated contamination such as failed septic systems. You may not be aware that there has been a serious algae problem in the lake for many months. This algae is filtered out by the water treatment plant but continues to stress the plant. Costly chemical treatment of the lake has also been undertaken. These treatments are not only expensive, but may also have long term environmental impacts. We have recently identified a number of potential contaminants in the watershed. We will be pursuing these threats individually. Since failed septic systems are under your jurisdiction, we would like you to use your full authority to order repairs to failed septic systems in the watershed. We see no reason why such health threats should be allowed to continue. While we are sensitive to the homeowners financial constraints, this is secondary to the protection of our water supply. Please take whatever actions are necessary to repair the Leary septic system or require some other appropriate form of mitigation at the earliest possible date, preferably within 30 days. < 1 °F„onrti'a KAREN H.P.NELSON a��' °9 Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION ,Bs�O"�8E< DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT FOR IMMEDIATE RELEASE Watershed Watch Volunteers Wanted The Town of North Andover is seeking citizen volunteers for a new organization: The Watershed Watch. The group's mission is to assist in the inspection of all properties within the Lake Cochichewick Watershed in search of threats to our drinking water supply. Watershed Watch volunteers will work with various Town Departments, including the Board of Health, Conservation Commission and Department of Public Works, and will receive training from these authorities regarding inspections, water sampling techniques and assessment of threats to our water supply. No expertise is required. All that's needed are a strong interest in environmental protection, a flexible schedule and personal transportation. For an application contact Richard Doucette, Conservation Administrator at 682-6483 . %P 844 208 133 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail LR.,Eosr•TE5 (See Reverse) POSTAL SERVICE r Sent to Street&No. P.O., tate Co e Po mp 2 . 29 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered O) Return Receipt Showing to Whom, Date,&Address of Delivery 7 TOTAL Postage 2 . 29 p &Fees coPostmark or Date M E sent 5/20/93 `o LL CD a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 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). y 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 0 3. If you want a return receipt,write the certified mail number and your name and address on a rn return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to the back of article.Endorse front of article R TU;IN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, p endorse RESTRICTED DE6IVERY on the front of the article. 5.Enter fees for the services requested in the appropriate spaces on the front of this receipt. If E return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6.Save this receipt and present it it you make inquiry. *U.S.G.P.O.1990.270-153 d a gORTk O`t,,Go - OL BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 s„CH„SNORTH ANDOVER, MASS. 01845 Ext. 32 FILE May 19, 1993 Michael Leary 57 Essex Street Certified#P 844 208 133 North Andover, MA 01845 Dear Mr. Leary: If you remember, I spoke with you several weeks ago concerning the repair of your failed septic system, stating that the weather was sufficiently dry and that you should start the repair of your septic system. To date there has been no response from you or from any disposal works installer purporting to be your representative. Please contact this office before next week, May 26th with the name of your installer or have the installer come to the office and apply for a permit for the vepair of your septic system. Sincerely, Sandra Starr Health Agent UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT ` OF POSTAGE,$300 Print your name, address and ZIP Code here N. ANDOVER BOARD OF HEALTH 120 MAIN STREET N.ANDOVER, MA.01845 SENDER: m • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and 4a&b. following services (for an extra m ymj • Print your name and address on the reverse of this form so that we can v y fee)' return this card to you. > • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N does not permit. m • Write"Return Receipt Requested"on the mailpiece below the article number. +L+ • The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery o delivered. Consult postmaster for fee. o y 3. Article Addressed to: 4a. Article Number m c m P 844 208 133 E .'.r, I,1.ichael LeF.ry 4b. Service Type 0 57 ESSt;X S;reet ❑ Registered ❑ Insureo WCertified 13COD 6 W NOr' ._il Andover, '�I O 18 Dr 5 ❑ Express Mail ❑ Return Receipt for 3 Merchandise p 7. Date of Dlivery z02 ac 5. g aturq dte , ee) 8. Addr see's ddress(Only if requested Y y and flee is paid) c W V` t 6 Signature (Agent) 0 w PS Form 3811, December 19;,, tr U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT ppTM 4 BOARD OF HEALTH .y-,.� lq-3 MAIN STREET TEL. 682-6483 • NORTH ANDOVER, MASS. 01845 Ext. 32 Leary - 57 Essex Street: Mrs. Starr stated that Mr. Leary received appropriate approvals from the Conservation Commission and as soon as the weather warms up the new system will be installed. c� ,10RT1/ �4L_1 ' �° BOARD OF HEALTH • • s "s ; 9 120 MAIN STREET TEL. 682-6483 HUS��`h NORTH ANDOVER, MASS. 01845 Ext. 32 8:30 P.M. - LEARY - ESSEX STREET: Mr. Leary was present. Ms. Starr stated that at the last meeting, the Board hoped that a notice of intent would be filed on October 26th and a decision would be made and the system would be in but that did not happen. Mrs. - Starr stated that because this did not happen Mr. Leary and Les Godin, the engineer, were asked to come before the Board. Mr. Godin stated that a notice of intent was filed and a public hearing was held last night and orders of conditions will be ready in about two (2) weeks. Mr. Godin stated that once they get Conservation approval and Board of Health approval construction will begin and system will be in place. Mr. Godin stated that Conservation Commission said they will have an order of conditions, which is an approval, at their next meeting. Mr. Leary expressed his frustration and stated that it's been a long time and is very unhappy about what has been going on. Mr. Leary stated that this has to be rectified and he wants to do it as inexpensively as possible and as quickly as possible. Mr. Leary inquired about the Essex Street being hooked-up to town sewer. He stated that he is not too wild about rebuilding a whole system and then having the Board of Health telling him town sewer is available - hook-up. Dr. MacMillan stated that the Board does not tell you to hook-up if your system is functioning properly, the Board has no power to do that. Mr. Osgood agreed. Mr. Osgood did say that it is a State Law that the Board can make people tie into the sewer. Mr. Osgood stated that a similar situation happened with BU Conference Center - the Board made them put in an extensive system in and the Board gave them five (5) years to use this system and then they have to tie-in to town sewer. Mr. Osgood stated that as long as the septic system is working the Board does not bother them. Minutes: October 22, 1992 3?°° °+ BOARD OF HEALTH � p Y ., • s "s � ° ' ' 120 MAIN STREET TEL. 682-6483 "° "�y_ NORTH ANDOVER, MASS. 01845 32 ,ss,��,,,�sEt R..� Leary - 57 Essex Street: Ms. Conboy stated that she provided a case file status sheet and a letter to the Board which will explain the situation. The Board members reviewed the case file status sheet for a few moments. Mr. Osgood stated that he does not agree with taking Mr. Leary to court. Dr. MacMillan stated that Mr. Leary has been given a year and a half. Dr. MacMillan asked, "why is it taking him so long"? Mr. Osgood stated that Mr. Leary has to get permission to get on to the area where the system is going to go because it goes across someone elses property. Mrs. Starr stated that the neighbor next door, who also had a problem with his system, blamed it on the people who came in to work on Mr. Leary's system that their vehicles caused the problem so the neighbor was not going to let Mr. Leary have access through his property. Mrs. Starr stated that she recently received permission from the neighbor for Mr. Leary to gain access to the septic system. In addition, Mrs. Starr received plans from the engineer today, which are fairly simple rebuilding in place. The engineer promise Mrs. Starr that he will file the notice of intent with Conservation on October 26, 1992 and he should be on the agenda for November 4, 1992. Mrs. Starr spoke with Mr. Doucette and he did not have a problem with it at this point and the Board will probably get a decision on November 4th. Dr. Rizza suggested that Mrs. Starr bring it to the Boards attention if does not make it to the October 26, 1992 deadline so the Board can place it on the agenda for the next meeting. Mrs. Starr stated that part of the problem is the engineer but if they do not meet the October 26, 1992 deadline, she would definitely take him to court. Mrs. Starr stated that once they get the okay, it should only take approximately two days - they just have to dig the soil out and build it in place. The Board agreed to grant Mr. Leary an extension of thirty days at this time, no legal action will be taken until Mrs. Starr gives the Board an update at their next meeting. In addition, Mrs. Starr will recommend legal action if nothing has been done. Later in the meeting, Ms. Conboy wanted the Board to be aware that when she typed the letter and did the case file on Mr. Leary, 57 Essex Street, she was not aware a plan had been submitted. She thought it was still sitting in front of Conservation waiting. Ms. Conboy's impression from Mrs. Starr, during their last conversation, was that Mrs. Starr was not anticipating receiving a plan. Mrs. Starr stated that the plan came in today. Mr. Buco - Asbestos: Ms. Conboy stated that Mr. Buco submitted a copy of the asbestos removal contract today and everything is all set. HOR71l 3?°�` ..°4"° BOARD OF HEALTH # _ � 120 MAIN STREET TEL. 682-6483 'VS U0NORTH ANDOVER, MASS. 01845 Ext. 32 All board members agreed to review the status report and get back with their comments. At this point in time, Ms. Conboy wanted the Board to be aware that when she typed the letter and did the case file on Mr. Leary, 57 Essex Street, she was not aware a plan had been submitted. She thought it was still sitting in front of Conservation waiting. Ms. Conboy's impression from Mrs. Starr, during their last conversation, was that Mrs. Starr was not anticipating receiving a plan. Mrs. Starr stated that the plan came in today. CASE FILE STATUS SHEET 4 NORTH ANDOVER BOARD OF HEALTH FOLLOW-UP FORM CASE NUMBER: DATE OF COMPLAINT: 2/26/91 DATE: 2/26/31 ACTION: Inspection - Failed system. DATE: 2/28/91 ACTION: Order letter to Mike Leary, homeowner, by Mike Rosati. DATE: 3 7 91 ACTION: Mike Rosati has discussion with Mike Leary. RESULT: Mr. Leary agrees to contract an engineer and replace system. DATE• 4/8/91 ACTION: Order letter to Mr. Leary - must repair system by May 20, 1991. DATE• 4/11/91 ACTION: Letter from Mr. Leary requesting a public hearing. RESULT: Public Hearing scheduled for 4f18/91 at 8:30 p.m. DATE: 4/18/91 ACTION: Mr. Leary attended the Public Hearing on 4/18/91. RESULT: The Board of Health voted unanimously that the following action be taken: 1) must have septic tank pumped as often as necessary to ensure it does not discharge to the surface of the around and submit copies of all receipts to the Health Office. 2) arrange with Board of Health and Engineer to have a deep water table conducted within thirty (30) days. 3) repair of system completed by August 31, 1991. DATE: 4/19/91 4 ACTION: Letter sent to Mr. Leary confirming the Board of Health's actions on 4/18/91. DATE:. 5/24/91 ACTION: Received copy of invoice from Emile Giard regarding pumping of septic tank. RESULT: Septic tank pumped on May 22, 1991. DATE:. 9/18f91 ACTION: Sent letter to Mr. Leary stating that his failed septic system was to be repaired by August 31, 1991 and as to date, the repair has not taken place. Mr. Rosati stated in the letter that in order to avoid further action by the Board of Health, arrangements should be made to have a proposal to repair system submitted to the Board of Health Office by his engineer so that the repair can be conducted. RESULT:_ Note in file from Mr. Rosati stating he spoke with Mike Leary and Mr. Leary said he told his engineer to go ahead with plans to fix system. DATE•1 25 92 ACTION: Certified letter sent to Mike Leary, homeowner, stating to date no communications from him in regards to his failed septic system. RESULT: Ms. Conboy, Health Administrator, notified Mr. Leary that the Board of Health has iplaced this matter on the agenda for February 12, 1992 meeting. DATE:. 2/12/92 ACTION: Mr. Leary was present at the 2/12/92 Board of Health meeting. RESULT: The Board of Health voted unanimously to set a deadline of three (3) weeks for Merrimack Engineering to submit plans and to complete system by April 30, 1992. DATE: 5/21/92 ACTION: The Board of Health at their meeting of May 21, 1992 agreed that the testing be completed within 7 days and to submit a plan within 14 days. DATE: 6/25/92 ACTION: Received letter from Merrimack Engineering regarding soil testing. DATE: 6/26/92 ACTION: Certified letter sent to Mike Leary stating that the Board of Health agreed to allow one final extension of time within which to comply with the original order letter. The date of compliance had now been set for August 15, 1992. At which time the repair of your failed septic system must be completed. DATE: 8/13/92 ACTION:_ The Board of Health at their meeting of 8/13/92 agreed to give Mr. Leary an extension of forty-five days within which to submit an acceptable septic plan and install a new system- August 15, 1992 will be the deadline date. DATE: 9/17/92 ACTION: Letter from Merrimack Engineering to Sandra Starr, Health Agent. stating that they feel the most feasible method of repair of the existing failed subsurface disposal system is to rebuild a new leaching field in place. DATE: 9/21/92 ACTION: Certified letter sent to Mr. Leary stating that his engineer and Mr. Doucette reached an agreement that his failed septic system could be rebuild in place. e HORTil 1 ?0``' �� BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 �9S$ACHUSEtt� NORTH ANDOVER, MASS. 01845 Ext. 32 Minutes: October 22, 1992 Leary - 57 Essex Street: Ms. Conboy stated that she provided a case file status sheet and a letter to the Board which will explain the situation. The Board members reviewed the case file status sheet for a few moments. Mr. Osgood stated that he does not agree with taking Mr. Leary to court. Dr. MacMillan stated that Mr. Leary has been given a year and a half. Dr. MacMillan asked, "why is it taking him so long"? Mr. Osgood stated that Mr. Leary has to get permission to get on to the area where the system is going to go because it goes across someone elses property. Mrs. Starr stated that the neighbor next door, who also had a problem with his system, blamed it on the people who came in to work on Mr. Leary's system that their vehicles caused the problem so the neighbor was not going to let Mr. Leary have access through his property. Mrs. Starr stated that she recently received permission from the neighbor for Mr. Leary to gain access to the septic system. In addition, Mrs. Starr received plans from the engineer today, which are fairly simple rebuilding in place. The engineer promise Mrs. Starr that he will file the notice of intent with Conservation on October 26, 1992 and he should be on the agenda for November 4, 1992. Mrs. Starr spoke with Mr. Doucette and he did not have a problem with it at this point and the Board will probably get a decision on November 4th. Dr. Rizza suggested that Mrs. Starr bring it to the Boards attention if does not make it to the October 26, 1992 deadline so the Board can place it on the agenda for the next meeting. Mrs. Starr stated that part of the problem is the engineer but if they do not meet the October 26, 1992 deadline, she would definitely take him to court. Mrs. Starr stated that once they get the okay, it should only take approximately two days - they just have to dig the soil out and build it in place. The Board agreed to grant Mr. Leary an extension of thirty days at this time, no legal action will be taken until Mrs. Starr gives the Board an update at their next meeting. In addition, Mrs. Starr will recommend legal action if nothing has been done. Later in the meeting, Ms. Conboy wanted the Board to be aware that when she typed the letter and did the case file on Mr. Leary, 57 Essex Street, she was not aware a plan had been submitted. She thought it was still sitting in front of Conservation waiting. Ms. Conboy's impression from Mrs. Starr, during their last conversation, was that Mrs. Starr was not anticipating receiving a plan. Mrs. Starr stated that the plan came in today. ^' SENDER: m :Q • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and 4a&b. following serwsiipes (for an,extra V y • Print your name and address on the reverse of this form so that we can fee): '> CD return this card to you. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y .. does not permit. m • Write"Return Receipt Requested"on the mailpiece below the article number. a • The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery c delivered. I Consult postmaster for fee. Q 3. Article Addressed to: 4a. Article Number m c m P 844 208 1_20 a 4b. Service T m i:r. Michael Leary Type 0 5 El Registered 11 Insured Essex Strut (0) Certified ❑ COD c M rn North Andover, A 01845 y LU ❑ Express Mail ❑ Return Receipt for Merchandise p 7. Date of Delivery w a � o Signature ( d ressee 8. Addressee's Address(Only if requested Y and fee is paid) r_ uJ 6. Signatur (Agent) H PS Form 3811, December 1991 z7 U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT Now UNITED STATES POSTAL SERVICE �� DO �. Official Business /f PENALTY FOR PRIVATE- �'�` USE TO AVOID PAYMENT _ OF POSTAGE, $300 Print your name, address and ZIP Code here OfNORTq 1 stae + 3? BOARD OF HEALTH c� 120 MAIN STREET TEL. 682-6483 SACMUSEtty NORTH ANDOVER, MASS. 01845 Ext. 32 November 6, 1992 Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: As per our conversation earlier this week, and as a result of a notice of intent not being filed with the Conservation Commission on October 26, 1992, as promised by your engineer, you are hereby requested to appear at the next Board of Health meeting scheduled for Thursday, November 19, 1992 at 8: 00 p.m. The meeting will take place in the Selectmen's Meeting Room at Town Hall. If you have any questions, please do not hesitate to call me at 682-6483 extension 32 any Monday, Wednesday or Friday. Sincerely, ',-1 --- Sandra —Sandra Starr Health Agent SS/cjp pORTM Oq ° BOARD OF HEALTH t �3� Z 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 Leary - 57 Essex Street: Ms. Starr stated that she spoke with the engineer today and he is proposing to move the existing failed system up the hill away from the wet area and the brook so that it would be 100 ' away from the brook and 50 ' away from the wet area. Ms. Starr stated that right now we are just waiting to see what Conservation has to say about that and if they will accept that. Dr. MacMillan wanted to know why Conservation would not accept this. Ms. Starr stated that Conservation wants 100 ' away from the wet area. At the present time, Ms. Conboy stated that the Board of Health is waiting for plans to be submitted and a variance request from the engineer. f NORTH 1 O BOARD OF HEALTH # #, 0'•,,,:,o•:•.�y# 120 MAIN S'T'REET TEL. 682-6483 �SSACMUSEt< NORTH ANDOVER, MASS. 01845 Ext. 32 TO: The Board of Health FROM: Allison C. Conboy, Health Administrator RE: Leary, 57 Essex Street DATE: October 21, 1992 Attached is a case file status sheet on 57 Essex Street, please review it carefully, I believe you will find that it clearly illustrates that the Board of Health has allowed more then reasonable time for this situation to be resolved. To date, no concrete progress has been made in terms of repairing/replacing the system and as a result, a public health hazard has been allowed to exist for close to two years. We have continually received promises from Mr. Leary that he wants to comply and cooperate, however, the violation persists. The Board of Health has recently received much criticism for "dragging their feet" in issues of public health concern. I like to believe that residents will comply as long as we are reasonable, however, that is not the reality. I do not believe in the use of the court system to instill fear in residents in attempt to induce them to cooperate, however, I do believe it is sometimes necessary in the pursuit of securing compliance and ensuring the protection of public health. I strongly recommend that the Board agree to proceed with a court complaint in this case. As I have explained in the past, complaints often take a long time to be processed in the court system and it is to the publics benefit. that we proceed with action now rather then wait and prolong the process until the hazard becomes the source of an eminent hazard. ACC/cjp Enclosure ^' SENDER: CD • Complete items 1 and/or 2 for additional services. I also wish to receive the rn • Complete items 3,and 4a&b. following services (for an extra v y • Print your name and address on the reverse of this form so that we can fee): return this card to you. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y does not permit. CD • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery ++ • The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. m .° 3. Article Addressed to: 4a. Article Number c mMr. Dlichael Leary P 844 208 149 a 57 Essex Street 4b. Service Type W o ❑ Registered 11 Insured 0 Plorth Andover MA 01844 0� 0 R] Certified ❑ COD 5 W ❑ Express Mail ❑ Return Receipt for Merchandise p7. Date of De ery a l' G'zz 0 CCC 5. at a 14 ee) 8. Addressee's Address(Only if requested Y H ? and fee i*.P. i),,,, cco Sig ature 1 nt) 0 H PS Form 3811, December 1991 tr U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT L , C)�,UbJ1Ft3b S�A'•t')E�'a�S3AL�'�fiV1�3`� G:1►i/iirr,./. Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 Print your name, address and ZIP Code here • 4 4P 844 208 149 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail STAMS (See Reverse) Sent to Mr. Micheal Leary Street&No. 57 Essex Street P.O.,State&ZIP Code No. Andover MA 01845 Postage 2. 29 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered m Return Receipt Showing to Whom, Date,&Address of Delivery TOTAL Postage 2 . 29 &Fees coPostmark or Date "' sent 9/21/92 E CL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 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). a> 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. St 0 3.If you want a return receipt,write the certified mail number and your name and address on a rn return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, O endorse RESTRICTED DELIVERY on the front of the article. 43 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If E return receipt is requested,check the applicable blocks in item 1 of Form 3811. L tY rn 6.Save this receipt and present it if you make inquiry. *U.S.G.RO.1990-270.153 n ,10RTIy O�s«.e ,�1ti0 3? BOARD OF HEALTH � 9 c° 120 MAIN STREET TEL. 682-6483 �,SSACMUSE��y NORTH ANDOVER, MASS. 01845 Ext. 32 September 21, 1992 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: ' The Board of Health at their meeting of September 17, 1992 received information that your engineer and Mr. Richard Doucette, Conservation Commission Administrator, had reached an agreement that your failed septic system could be rebuilt in place. The Board agreed with this and also agreed that plans for this repair must be filed and construction begun by the next Board of Health meeting in October. The Board has been extremely understanding and lenient about this situation which has been ongoing since February of 1991. You should be aware that under 310 CMR 15.26 of the State Environmental Code that "Any person who shall fail to comply with any order issued pursuant to the provisions of this Title shall, upon conviction, be fined not less than 10�'nor more than 500 dollars. Each day's failure to comply with an Order constitutes a separate violation. " To avoid possible fines or court action, please move forward with this repair as soon as possible. If you have any questions, please do not hesitate to call me at the office on any Monday, Wednesday or Friday. Sincerely, oa Sandra Starr Health Agent cc: Karen Nelson, Director, Planning & Comm. Dev. Richard Doucette, Conservation Commission Les Godin, Merrimack Engineering Certified Mail# P 844 208 149 04 ,ORTH Minutes: September 17, 1992 3? °�° BOARD OF HEALTH 120 MAIN STREET- TEL. 682-6483 ;CH„SE``y NORTH ANDOVER, MASS. 01845 Ext. 32 Leary - 57 Essex street: Ms. Conboy stated that she would recommend that the Board send another letter to Mr. Leary because the last time it was addressed at a meeting the Board voted to give him an extension of forty-five (45) days which was up on August 15th. At that time, he was to submit a plan and installed the system by then and in addition, this case has been going on since February 1991. Ms. Conboy stated that at least thirty (30) days ago he knew he could install the system in place and he had that approval from Conservation. She stated that there is nothing holding him back from submitting a plan and installing the system. The Board agreed to send another letter to Mr. Leary, 57 Essex Street. N55Michael J. Leary 57 Essex Street North Andover, MA 01845 April 8, 1991 Board of Health 120 Plain Street North Andover, MA 01845 Attn: Ms. Allison Conboy RE: 57 Essex Street, North Andover, MA Dear Ms. Conboy: In regards to your letter dated April 8, 1991 , I have had our septic tank pumped on April 8, 1991 , (a copy of:.the invoice attached). Also, I do request a hearing at your next Board of Health meeting as there is a substantial issue regarding the operation of our disposal system. Would you please notify me at 508-975-3688 as to your meeting dates. Sincerely, o� Mic ae J. ary MJL/dh Enc. STATEMENT EMILE X GIARD 130 Appleton Street NORTH ANDOVER, MA 01845 DATE �/- _ 9 I t Phone (508) 682-0125 ... s� TERMS: PLEASE DETACH ANO RETURN WITH rOURrREMITTANCE DATE INVOICE NUMBER/DESCRIPTION 1 CHARGES CREDITS ( BALANCE BALANCE FORWA(((RD c,' 0 ............. .................. ................. ............. ............ .................... ........... .........-........... .............. ........... ............................ --.-....................................................... .................----------.............--................ ........... .................. --.-.........----............I..,.................... ............................. .............. ----------------............. .......... ................................... .......... ................... .................... ............................. ................ ............... ........................... .............. ............................................... .................... ............................... ................................. -_..__.._..._..__.....__ _. ___._._......................_ ...__'fir_ ._.._...__..._._.... _. > V EMILE A. GIARDC-J // �/��� Q 1 171A/ PArSr COLUMN LJJ IN THIS COLUMN 40RTM Ory`; ° °� O BOARD OF HEALTH A 120 MAIN STREET TEL: 682-6483 SACHUSEt NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 9SSACH _- April 11, 1991 Mr. Michael J. Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health is in receipt of your letter requesting a public hearing regarding your property on 57 Essex Street. You have been granted a public hearing at which time you will be given the opportunity to be heard. The hearing is scheduled for Thursday, April 18, 1991 at 8: 30 p.m. at the Town Hall, Library Conference Room, 120 Main Street, North Andover, MA . . Please be advised that no variances regarding this may be granted by the Board of Health at this meeting as your request for a hearing does specifically request a variance. If you have any questions in connection with this matter, please feel free to call. A truly your, Allison C. Conboy, R. CHO Health Administrator ACC/cj p NORTH 3�Ogt `FD 900 BOARD OF HEALTH A 120 MAIN STREET TEL: 682-6483 �9'TSA CHU5E��5 ` NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 8:30 P.M. - HEARING - MICHAEL LEARY 57 ESSEX STREET RE: SEPTIC SYSTEM• Mr. Leary request a hearing in reference to an order letter he received from the Board of Health in connection with his septic system. Mr. Leary was present with his wife Carol. Mr. Rosati stated that while he was out doing an inspection on Essex Street he noticed sewage discharging from Mr. Leary's system. Mr. Leary stated that his neighbor's backhoe ran over his system and that is why it is failing. Mr. Osgood stated that this is a civil matter between Mr. Leary and his neighbor. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously that the following action be taken: 1) Mr. Leary must have septic tank pumped as often as necessary to ensure that it does not discharge to the surface of the ground and submit copies of all receipts to the Health Office 2) Arrange with the Board of Health and an engineer to have a deep water table conducted within thirty (30) days 3) Repair of system completed prior to August 31, 1991. 4) Send monthly updates to the Board of Health on actions being undertaken in effort to comply with the order letter � , � OR191 NORTH BOARD OF HEALTH � A • '• 120 MAIN STREETz CH NORTH ANDOVER, MASS. 01845 I Ext. 32 , SAUS .. . April 19, 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health at its meeting of April .18,,. 1.991; which you were in attendance, voted to make the' 'i of 10".i"n 3' modifications to the order letter dated April. 8 , 1991: a) You must have your septic tank pumped as often necessary to ensure that it does not disch•arge to., th surface of the ground and submit copies of a7.1 receit. . . for pumping to this office. b) You must arrange with the Board of 1:ea] th and engineer to have a deep water table conducted ,ith-ji thirty (30) days of receipt of this letter; and C) You must have the required repair of your syst�- competed prior to August 31, 1991. d) You must send monthly updates to the Board of Ifeal,th : T actions being undertaken in effort to comply with ti order letter. Please feel free to contact this office with any quest :,n you may have. Very truly yours, I C (/i' {, r � ' a Allison C. Conboy, R.S . ; 011'10 Health Administrator ACC/cj p e pORTIy p BOARD OF HEALTH - y 120 MAIN STREET TEL. 682-6483 'SSACHUSE�� NORTH ANDOVER, MASS. 01845 Ext. 32 or 52 January 25, 1992 Mr. Michael Leary 57 Essex Street Certified #P 844 208 187 North Andover, Ma 01845 Dear Mr. Leary: The Board of Health, at their meeting on April 18, 1991, outlined a number of modifications to the order letter dated February 28, 1991. The modifications included an extension of time within which to comply with the order letter by repairing your failed sewage disposal system. To date, this office has received no communications from you in regards to this matter. Whereby you have failed to comply with both the original order letter of February 28, 1991 and subsequent modifications made to the order letter by the Board of Health at their April 18, 1991 meeting. You are hereby notified that the Board of Health has placed this matter on the agenda for their February 12, 1992 meeting. You are scheduled on the agenda for 4:45 p.m. At this time the Board will detez'mine the appropriate course of action to follow in order to secure compliance. Please feel free to contact this office with any questions you may have. Very truly yours, Allison C. Conboy, R. ,j. C.H.O. Health Administrator ACC/cj p cc: Karen H.P. Nelson, Director, Planning & Community Dev. MERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 66 PARK STREET • ANDOVER, MASSACHUSETTS 01810 • TEL.(508)475-3555, 373-5721 FAX(508)475-1448 September 17 , 1992 Ms . Sandy Starr Town of North Andover Board of Health Town Hall - 120 Main Street North Andover, MA 01845 RE: Septic Repair - 57 Essex Street, North Andover Land of Michael Leary Dear Ms . Starr: Pursuant to additional soil testing conducted in your presence on the site and discussion with Mr. Doucette , the Town Conservation Administrator, we feel that the most feasible method of repair of the existing failed subsurface disposal system is to rebuild a new leaching field in place. The existing field should be excavated and replaced with suitable sand or gravel fill . The new leaching field should be constructed approximately two feet higher than the existing field. A clay or poylethlene barrier should be constructed approximately ten feet down slope of the leaching field in order to restrict the move- ment of effluent in the direction of wetlands existing down slope from the leaching area . Please review these recommendations and contact me with your comments so that we may then prepare more detailed plans and specifications for the project. Very truly yours , MERRIMACK ENGINEERING SERVICES Les Godin Project Manager sb cc : Mike Leary Richard Doucette / �L zt)l 11 v v 4` \0'. LL to: i5 `k i L) -;5Z 3lif DTIA -Z ___--- i0��— I zo C �l I ?_Q. (?,\o4 -rl ll Mic el J. Leary 57 r ;ex Street N Andover, MA 01845 r � OATE May 24, 1991 TO Board of Health SUBJECT 57 Essex Street 120 Main Street L North Andover, MA 01845 Attn: Ms. Allison Conboy Dear Ms. Conboy: Pursuant to your request, please find enclosed a copy of the invoice from Emile Giard regarding the pumping of our septic tank. I Shouldou have any y questions or require any additional information, please contact me at 508-9753688. itEnc. SIGNED Michael J. Leary M/1 1 STATEMENT EMILE A. GIARD _ 130 Appleton Street S _17:)'7;), NORTH ANDOVER, MA 01845 DATE Phone (508) 682-0125 7 TERMS: / Y PLEASE DETACH AND RETURN WITH YOUR REMITTANCE $ ! I I DATE INVOICE NUMBER/DESCRIPTION 1 CHARGES CREDITS BALANCE BALANCE FORWARD C� -------a'............... _.__. PAY LAST AMOUNT EMILE A. GIARD IN THIS COLUMN C�--�- - � �S 3G�X - - - - -- - - ,FORTH Of ,ti° BOARD OF HEALTH L 120 MAIN STREET TEL. 682-6483 CNUSEt CH `y NORTH ANDOVER, MASS. 01845 Ext. 32 or 52 September 18, 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: Pursuant to the Board of Health's decision at their April meeting, your failing septic system was to be repaired by August 31, 1991. As of this date, the repair has not taken place. To avoid further action by the Board of Health, arrangements should be made to have a proposal to repair your system submitted to this office by your engineer so that the repair can be conducted. Sincerely, MicVej. osati Health Agent MJR/cj p ORTH OfN,,,ao �61.y- �� ° °� BOARD OF HEALTH F A i ° . ' " 120 MAIN STREET TEL. 682-6483 �SS^CHUSS NORTH ANDOVER, MASS. 01845 Ext. 32 or 52 September 18, 1991 i Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: Pursuant to the Board of Health's decision at their April ' meeting, your failing septic system was to be repaired by August 31, 1991. As of this date, the repair has not taken place. To avoid further action by the Board of Health, arrangements should be made to have a proposal to repair your system submitted to this office by your engineer so that the repair can be conducted. Sincerely, Mich e J. osati Health Agent MJR/cjp ��C�o k� �� �1i V; � 031�i cis �� 7?�Go /.-3, � r; Co +tum:: ' no o• 2 for❑dditionul service;:. I 8150 wish t0 receive the item:. 3. —z 4.. a b. fol)ow4ng Semces !for in aXtra • it voi, n mr a .ddn. ,.on the ruvure.0 of thv: form zo that we CWn Feel: 'LTJr^'ri ..,o to ALJ. ALT.,.--4, rhn 'orr ,tn: front of the mailp.ace,or on the back if space 1. . . Addressee's Address �o uat pUrrr•.1. R -,Jr"9i -Apt Requust,,A-on the rn-013,ece below th--nrticlo number, 2 Restricted De^:':very W,c_ rt p;,-,rm:l provide you thu signature of the perry-on deliverec W .;•:J +,.�- o:..% of dCNivc(y. _ _ Consult postmaster [or Fee. 3. ,ante e Addressed to: 4a. Article Number P 844 208 187 4b. Service Tv,, -- — _— Mr. Michael Leary Registured Insured 57 Essex Street Certified COD North Andover, MA 01845 :xpress vlail Return Receipt for _ ivaerQlancliye 7. Date of Deiivery 5. a a dree) B. Addressee's Addrats (Only if raqut:sted and Fee is paid) 8. Siignature {A , ) _ - V� 'S For-i �b']'i, November 1990 U.S.GPO:1991-287-c38 [L`)`iT UNITED STATES POSTAL SERVICE Official Business I PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here . .1 844 208 187 Certified Dail Receipt No Insurance Coverage Provided Do not use for International Mail UWTEoMWS (See Reverse) s Sent to Michael Lear Street&No. 57 Essex Street P.O.,State&ZIP Code T,Jn- Anrinvc-r. MA 01845 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p) to Whom&Date Delivered Of Return Receipt Showing to Whom, c Date,&Address of Delivery pTOTAL Postage 2 2 9 &Fees co Postmark or Date E sent 1/24/92 U) a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 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). y 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return �i address of the article,date,detach and retain the receipt,and mail the article. 0 3. If you want a return receipt,write the certified mail number and your name and address on a rn return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN � RECEIPT REQUESTED adjacent to the number. � 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, p endorse RESTRICTED DELIVERY on the front of the article. >� 5.Enter fees for the services requested in the appropriate spaces on the front of this receipt. If E return receipt is requested,check the applicable blocks in item 1 of Form 3811. t2 d 6.Save this receipt and present it if you make inquiry. *U.S.G.P.o.1990-270-153 d f NORTH BOARD OF HEALTH i 2 �9SSACHUSEt�y NORTH ANDOVER,STREET 2 ER,, MASS. 01845 E t.38orr 52 January 25, 1992 Mr. Michael Leary 57 Essex Street Certified #P 844 208 187 North Andover, Ma 01845 Dear Mr. Leary: The Board of Health, at their meeting on April 18, 1991, outlined a number of modifications to the order letter dated February 28, 1991. The modifications included an extension of time within which to comply with the order letter by repairing your failed sewage disposal system. To date, this office has received no communications from you in regards to this matter. Whereby you have failed to comply with both the original order letter of February 128, 1991 and subsequent modifications made to the order letter by the Board of Health at their April 18, 1991 meeting. You are hereby notified that the Board of Health has placed this matter on the agenda for their February 12 , 1992 meeting. You are scheduled on the agenda for 4:45 p.m. At this time the Board will determine the appropriate course of action to follow in order to secure compliance. Please feel free to contact this office with any questions you may have. Very truly yours, Allison C. Conboy, R. J. C.H.O. Health Administrator ACC/cjp cc: Karen H.P. Nelson, Director, Planning & Community Dev. f pORTI� 1 O teo ,eti0 BOARD OF HEALTH O . 57 ESSEX STREET - MICHAEL LEARY: Mr. Michael Leary, owner of the property, was present. Dr. MacMillan asked Mr. Leary what was happening at the present time. Mr. Leary stated that the septic system calmed down quite a bit and that Merrimack Valley Engineering did a perk test in May/June of 1991. Mr. Leary stated that Merrimack Engineering have been corresponding with Mr. Rosati and stated that Merrimack Engineering is planning on rebuilding the system. Ms. Conboy stated that at the April meeting, the Board decided that soil testing would be completed and the system would be repaired by August 31, 1991. Ms. Conboy stated that the original order letter was dated February 1991. At the April meeting, the Board allowed more time and set a deadline for August 31, 1991. Ms. Conboy stated that Merrimack Engineering did soil testing in May and the Board has not heard a word since then. Mr. Leary stated that he spoke with Merrimack Engineering today and they said they're working with Mike. Ms. Conboy stated that she would like to see a deadline on repairing the system once more. Dr. MacMillan ask Mr. Leary why wasn't the system repaired in August. Mr. Leary stated that Merrimack Engineering was talking with Mike, trying to agree on a plan. Ms. Conboy stated that Mike cannot give an approval until the plan is submitted to the Health Office. Ms. Conboy stated that Mike has been waiting for Merrimack Engineering to submit a plan and they're still waiting. She also stated that it is Mr. Leary's engineering firm that has to get on the ball, the Board cannot push them to do that. Ms. Conboy stated that if Merrimack Engineering called Mike and asked Mike's opinion, Mike would give them a straight forward answer right away. Mr. Leary stated that Merrimack Engineering knows they have to design something, but it doesn't make sense to design something if we don't know what the Board of Health is looking for. Ms. Conboy stated that Merrimack is familiar with exactly what the Board of Health requires. Mr. Leary stated he will contact Merrimack Engineering tomorrow. Dr. MacMillan stated that he would like to see completion by Spring. Ms. Conboy recommended that the Board put a deadline for the submittal of plans for three (3) weeks. Mr. Leary does not have a problem with getting the system designed in three (3) weeks but if it turns wet in the last part of this winter or early spring there is no way the system will be completed by April 30. Ms. Conboy informed Mr. Leary that if the plans are submitted, approved and work is being done, the Board will not hold that against him. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to set a deadline of three (3) weeks for Merrimack Engineering to submit plans and to complete system by April 30, 1992. t ,4ORTN , 3? ° BOARD OF HEALTH o � 10 Y # # i # - 120 MAIN STREET TEL. 682-6483 �9SSACHUSE��y NORTH ANDOVER, MASS. 01845 Ext. 32 15�12- MR. LEARY - ESSEX STREET: ` Ms. Conboy stated that Mr. Leary' s deadline is today. Mr. Leary's failed system is a year old too. He was given a continuance and was to have it installed today. Mr. Leary contracted Les Godin from Merrimack Engineering. Some soil testing has been done but he would prefer to put the system at the top of the hill and that is an area he has not tested yet. Ms. Conboy told Mr. Godin she did not think that the Board would have a problem with that just as long as the testing is done in the next week and the plan is submitted 14 days after. The Board agreed that the testing be completed within 7 days and to submit a plan within 14 days. MERRIMACK ENGINEERING SERVICES, INC. 4 PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 66 PARK STREET • ANDOVER, MASSACHUSETTS 01810 • TEL.(508)475-3555, 373-5721 FAX(508)475-1448 June 25 , 1992 Allison C . Conboy Health Administrator Town Hall - Main Street North Andover, MA 01845 RE: Septic Repair - 57 Essex Street , North Andover Land of Michael Leary Dear Ms . Conboy: Relative to the subject project, please be advised that we have performed site inspections , soil testing and research of the Board of Health files in order to determine the most feasible method of repair of the subsurface disposal system. We have met on site with Town Conservation Administrator , Richard Doucette , regarding reconstructing the leaching field in place . Mr. Doucette expressed concern that the existing leaching area is less than 100 feet (the minimum requirement in this case ) . from wetlands existing on the site . His recommendation was that addi - tional soil testing be performed outside of the 100 foot wetlands buffer zone so that the Board of Health 100 ' minimum setback could be achieved and also so that no filing with the Town Conservation Commission would be necessary. Mr. Leary , the land owner, indicated to us that soil testing had been conducted in other areas on the site prior to construction of the existing house and subsurface disposal system ( prior to 1975 ) but no suitable areas had been found. Research of the Board of Health files by our firm for any existing soil testing information was unsuccessful . We have secured the services of a licensed septic installer to assist us in performing additional soil testing on Monday , June 29 . Board of Health Agent, Ms . Sandy Star , has been notified of the testing date and will be present to witness the tests . After this additional testing information is obtained we will then be able to make recommendations or prepare plans for the repair of the subsurface disposal system. Ms . Conboy Page Two • hne 25 , 1992 i' Please feel free to contact me if you have any questions or comments . Thank you for your consideration in this matter. Very truly yours , MERRIMACK ENGINEERING SERVICES Les Godin Project Manager sh cc : Mike Leary MERRIMACK ENGINEERING SERVICES,INC. • 66 PARK STREET • ANDOVER,MASSACHUSETTS 01810 I also wish to receive the ` Comp it:m: :ndior 2 for additional servicus, Car p-tu itr:rra s, Lnd Su u e. toiliowing services (for an extra -rirt your ro .c rid vadreca on thu reverse of this form so that we cin fee): ((.turn Viii:card to you, r.m. n thus torn to ti front of the maiipiece,or on the back it np;.o:: I- _ Addressee's Address r:"j:nu:n Ret:urpt Requested"on the mcPpiacc below the Hrtic6: nu.-ibarl 2. ;. Restricted Dei(very t i-r Jt I've will provide you the signcturu of thu part on dulivorec to .M rte.- is ivtry _ �Consult postmaster for fee. 3. t',rri r_-essed to: T 4a. Article Number P 844 208 139 Mr. ichael Leary 4b. Service Type f 57 P.ssex Street Registered Insured North Andover, MA 01845 r, Certified ; coo Exprecs Wail Return Receiipt for _ Merchandise_ _ 7. Date of Delivery 5. Sir,atura d ressee) B. Add-essee's Address,(Only if requested and Fee Is paid) 5. 5 (Agent)0444- �� � � 2— I °S F of W 1.`i, 'November 1990 a U.S.00:1991-287.038 -j = lc C2"[U'111+l ;RECEP 1 UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE, 3300 Print your name, address and ZIP Code here N.ANDOVER BOARD OF num 120 MAIN STREET N.ANDOVER,MA.01845 6P 844 208 139 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail -Mo (See Reverse) P TI SERVICE Sent to Street&No. 57 Essex Street P.O.,State&ZIP Code North Andover, MA 018 5 Postage 2. 29 Certified Fee Special Delivery Fee Restricted Delivery Fee o Return Receipt Showing p) to Whom&Date Delivered Return Receipt Showing to Whom, C Date,&Address of Delivery 7 TOTAL Postage p &Fees 2 . 29 coPostmark or Date E sent 6/26/92 o` LL CL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 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). a� 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 0 3.If you want a return receipt,write the certified mail number and your name and address on a rn return receipt card,Form 3811 and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN � RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, p endorse RESTRICTED DELIVERY on the front of the article. 40 CO) 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If E return receipt is requested,check the applicable blocks in item 1 of Form 3811. P W 6.Save this receipt and present it if you make inquiry. *U.S.G.P.O.1990-270-153 a ,40RTII Of BOARD OF HEALTH . . 120 MAIN STREET TEL. 682-6483 UNORTH ANDOVER, MASS. 01845 Ext. 32 June 26, 1992 Mr. Michael Leary 57 Essex Street North Andover, Ma 01845 Dear Mr. Leary: The Board of Health is in receipt of a letter from Merrimack Engineering regarding soil testing for the design of a septic system on your property. As you are aware, you are under an outstanding order from this department (February 1991) to repair your failed septic system. Since the original compliance date of Auguat 31, 1991, the Board of Health has allowed extensions of time within which to repair your system. At their meeting on June 25, 1992, the Board of Health agreed to allow you one final extension of time within which to comply with the original order letter. The date for compliance has now been set at August 15, 1992. At which time the repair of your failed septic system must be completed. Thank you for your cooperation. Please contact me with any questions you may have. Sin erely, A is y, .S. ; C Healt Administrator ACC/cjp t AORTPI , O ttto �.10 3? °Z. BOARD OF HEALTH ° 60N Z 120 MAIN STREET TEL. 682-6483 00, ACMUSE�ty NORTH ANDOVER, MASS. 01845 Ext. 32 MR. LEARY - 57 ESSEX STREET: Ms. Conboy stated that at the last meeting the Board agreed that testing must be completed within seven (7) days and a septic plan must be submitted within fourteen (14) days. Mrs. Starr stated that she spoke to Les Godin of Merrimack Engineering who was supposed to do testing on this property some time ago and apparently it was never done. The Board agreed to give Mr. Leary an extension of forty-five (45) days within which to submit an acceptable septic plan and install a new system - August 15, 1992 will be the deadline date. Mr. Rosati mentioned that the Board might want to consider that if Mr. Leary decides to put the system in where the other one is right now, he would have to file with Conservation and that may delay him 4 or 5 weeks. Michael J. Leary 57 Essex Street— North Andover, MA 01845 April 8, 1991 Board of Health 120 Main Street North Andover, MA 01845 Attn: Ms. Allison Conboy RE: 57 Essex Street, North Andover, MA Dear Ms. Conboy: In regards to your letter dated April 8, 1991 , I have had our septic tank pumped on April 8, 1991 . (a copy of the invoice attached). Also, I do request a hearing at your next Board of Health meeting as there is a substantial issue regarding the operation of our disposal system. Would you please notify me at 508-975-3688 as to your meeting dates. Sincerely„, Mic ae J. eary MJL/dh Enc. STATEMENT EMILE A. GIARD 130 Appleton Street NORTH ANDOVER, MA 01845 DATE 91 Phone (508) 682-0125 ............ .......... ............... .......... s. ............... .......................... TERMS: V no PLEASE DETACH AND RETURN WITH YOUR REMITTANCE DATE I INVOICE NUMBER DESCRIPTION I CHARGES CREDITS I BALANCE BALANCE FORWARD t J ............. ............ ............ ........... .........--------- .............- EMILE A. GIARD PAY IN TLHAST AMO(JNT IS COLULgN SENDER: replete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Fa6ure to do this will prevent this card I rom being returned to you.The return receipt fee will provide you the name of the erson delivered to and the date of delivery. For additional fees the following services are available. onsult postmaster for fees and check box(es)for additional service(s)requested. 1. T Show to whom delivered, date, and addressee's address. 2. Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number P-604 728 963 Mr. �J-chael Leary Type of Service: _ 57 Essex Street Registered L Insured Nortli Andover, MA 01845 Certified ❑ coo Express Mail C] Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Si tur 8. Addressee's Address (ONLY if X ee requested and fee paid) 6. gignature gefnt X 7. Date of Delivery PS Form 3811, Apr. 1989 *U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the U reverse. • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO H. ANDOVER BOARD UP HEAUFf ZD MAIN STREET `' P-604 728 96_ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL RAIL (See Reverse) W Sent to $ Michael Leary to Street and No. 6 57 Essex Street d P.O..State and ZIP Code rth 6 NoAndover, MA Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N im Return Receipt showing to whom, Date,and Address of Delivery 0 TOTAL Postage and Fees S 2 . 29 Postmark or Dale srnt 4/5/91 @11: 00 a.m. L 'Ott IR 0. STICX POSTAGE STA,.7S TO;ARTICLE TO COVER FIRST CLASS POSTAGE. CERTIFIED MAIL FEE,AND CMRGES FOR ANY SELECTED OPTIOUAL SERVICES.t\ '. 11 you wan,this recc'pt Postmarked,stick the gummed stub to the right o'the return addrA. <1 the receipt attached and present the article at a post office service window or hand it to your rural, (no extra cne-oe) 2. 1!you do no:want this receipt postmarked,stick the gummed stub to the right of the return address 0 the artic!e, data,dctac r and reta'n Me ='pt-and mai!the article. 3. 11 you ,cant a retarn rccoipt,write the cart!fled mail number and your name and address on a return r=celpt card,Form 3811,and attach it to the front ol the article by mans of the g,�mmcd ends if spece per- rrits.OU d wi ,at!lx to bacw of arVC2. Endorse front of article RETURPI RECEIPT REOLIESTED zdjzcent to the number. 4. i!you ,,tan!dc'ivcry restricMd to the addressee,or to an authorized a^..ont of the addressee,endorse RESTRICTED DELIVERY on the front of the artic'z. 5. Friter teas for the services requested In the appropriate spaces on the!rent of this receipt. If return receipt is regLcsted,cheek the app'.cas!e becks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. r y t 40RTH q 3?�`tD 16.6+OL BOARD OF HEALTH 01 ,'•� 120 MAIN STREET TEL: 682-6483 c►+USEs NORTH ANDOVER, MASS. 01.845 Ext. 32 or 3 April 8, 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: The Board of Health is in receipt of your letter dated March 11, 1991, in which you agree to take action to eliminate the violation of 310 CMR 15. 02 (20) and pump your individual disposal system to avoid further discharge of the system to the surface of the ground. We appreciate your cooperation in this matcer thus far, however, recent inspections of your property on March 28 , 1991 and April 4 , 1991 revealed sewage discharging to the surface of the ground on both occasions, �&n violation of 105 CMR 410. 300 and 310 CMR 15. 02 (20) . It is clear that your individual sewage disposal system has failed and immediate actions must be undertaken to contract an engineer to facilitate a repair on the system. You are hereby ORDERED to� have your septic tank or cesspool pumped IMMEDIATELY (to provide -a copy of receipt for such service to this office) to prevent further discharge of sewage to the surface of the ground and arrange for an acceptable repair of the system to commence within thirty days (30) of receipt of this order letter. ' Failure to comply with this order letter will result in a criminal complaint against you in the Lawrence District Court and may result in the assessment of a fine. You have the right to be heard by the Board of Health if yc:z feel this order should be withdrawn or modified. To obtain a hearing, you must file a written petition with this office within seven (7) days of receipt of this letter. Page 2 57 Essex Street April 5, 1991 You also have the right to inspect and obtain copies of all relevant inspection of investigation reports, orders, notices, and other documentary information in possession of the Board of Health; the right to be represented at the Hearing; and that any affected party has a right to appear at said hearing. Please feel free to contact me with any questions you may have. Very truly yours, Allison C. Conboy, R.S. ; YHO Health Administrator ACC/cj p gE0 Michael J. Leary 57 Essex Street North Andover, MA 01845 March 11, 1991 Board of Health 120 Main Street North Andover, MA 01845 Attn: Mr. Michael J. Rosati RE: 25 Essex Street, North Andover Dear Mike: I just wanted to confirm our phone conversation last Friday regarding your letter dated February 28, 1991. I have called Joe Giard to pump the tank and I am talking with engineering firms to look at the system and find out why it is failing. As I mentioned on Friday, we are having considerable difficulty with the neighbor, William Pare, and his builder, who admitted to running his bulldozer over the field. I will keep you informed as to the engineer's finding. Re ect , Michael J. ea ry MJL/dh TO PA WATERSHED RESIDENTS QUESTIONNAIRE 1. Name MAacld eo �A / 2. Street Address SJ- Esse K V 3. How many members are in your household? 4. What type of sewage disposal system do you have? ❑ cesspool C� septic tank and leaching area ❑ connection to municipal sewer ❑ other (describe) ❑ do not know 5. Ar 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 Pl/6-10 years ❑ 11-20 years ❑ over 20 years ❑ do not know 7. Has your sew! disposal system been rebuilt or repaired? ❑ yes iol no ❑ do not know If yes, approximately how long ago? years. What was done? 8. HA frequently is your sewage disposal system pumped out? ❑ annually K every 2-4 years ❑ every 5-10 years ❑ over 10 years ❑ never 9. Have you had any problems with your sewage disposal system? ❑ yes eno 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 appli nce are connected to your sewage disposal system? r washing machine dishwasher garbage disposal / dehumidifier drain sump pump toilet = roof/pavement drains shower/bathtub 11. Please state the and and type (liquid or powder) of detergent you use for: dishwasher ILI rAd V- clotheswasher TQ 12. Does your property have a lawn? I4 yes ❑ no If yes, approximately what size? ❑ less than 1/4 acre ❑ 1/4 acre PI/1/2 acre ❑ 3/4 acre ❑ 1 acre ❑ more than 1 acre (Specify) acres r 13. How often do you fertilize your wn? � No. of applications per year 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. � w Z uQ o OW ODER •yam TS 2 cnY w xW o s� ti W a U Oun U W Z YDS ` pao h w 01 rw z xz Q W w a� A x o z S�STO VIZ 410AOPUV gjJ0M laaals xassg /S luapzsag quazzn0 ao �zBa7 Tauuozyl •.11,1 0£8'..0 V,,l 111i9,aneH '.rano u t LZ 'ON I'wJc S�8i0 VW I� d I}ao N add }aaalS uteW OZi 'IIeH LIM01 aseIsOd -sn uIieaH 3o pzeog aanopuV uTJoN t 31V*d alnu North Andover Board of Health Town Hall, 120 Main Street North Andover, MA 01845 Y -3b C5 i ko� -s , (.,►� C�- �-t Ccs�� �yse-(F W L nH tc' 1- 15 it kE-, '5VsCr,,A--t LA7eKj ►.x E iT Lias C-mac l� Lki r 7-D De Wz I ( p siLG-o lr - Co a ® SENDER: Complete itiems 1 ti,d 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent tris card from being returned to you.The return receipt fee wnl provide you the name of theperson deliverer'to dnd the date of delivery. For additional fees the following services are available. CVnsuit oostmaster tor tees and check box(es)for additional servicels; requested. 1. . Show to whom delivered, date, and addressee's address. 2. . Restricted Delivery (Extra charge) rEAtra char ei 3. Article Addressed to: 4. Article Number P 257 054 677 Mr. Michael Leary Type of Service: 57 Essex Street Registered Insured North Andover, MA 01845 -X Certified a COD Express Mail ReturnReceipt for Merchandise Always obtain signature of addressee or agent and DATE DEUV_ER_E_D. ig a essee 8. Addressee's Address (ONLY if requested and Jee paid) 6. Signatur Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 .U.S.G.P.O.1989-238.815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the U- reverse. �O • Attach to front of article it space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO N. ANDOVER BOARD OF 120 MAIN STREET HEA` TIJ N. ANDOVER, MAL o1845 AORTH BOARD OF HEALTH N p * 9 r . • 120 MAIN STREET TEL: 682-6483 SACHUSNORTH ANDOVER, MASS. 01845 Ext. 32 or 33 I February 28, 1991 Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: On February 26, 1991, I inspected the premises of 25 Essex Street (your neighbor's lot) . Upon the inspection, I viewed sewage flowing over the ground from your septic system. On previous inspections I was made aware that this condition was occurring. However, I did not actually see sewage flowing out of the ground, although evidence of this was visible. It appears that your leaching field has reached its life expectancy. The discharging of sewage over the ground is in violation of the State Sanitary Code, 310 CMR 15, 02 (20) . This condition must be terminated immediately. Please obtain the services of an engineer or other qualified person. Arrangements should be made by this person with the Board of Health to have your system repaired. In the meantime, your septic tank should be pumped and pumping should continue until a permanent solution to your problem is achieved. Continued pumping will prevent sewage from reaching your leachfield. If you have any questions, please do not hesitate to call me at 682-6483 , Tuesdays or Thursdays. Sincerely, Michael J. Rosati Health Agent MJR/cjp i SEPTIC SYSTEM INSPECTION FORM ADDRESS `' DATE INSPECTED `DU PROPERLY FUNCTIONING? (Y) N WEATHER CONDITIONS r COMMENTS: WA i ER aVALITY TES-1 ,E-b '? JZESOLTS? DYE TEST PERFORMED? Y N DATE? SKETCH: ` P""257 054 677 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) N '^ Sent to Mr- Michael Le-AryQ M N o Street and No. 57 Essex Street a P.O.,State and ZIP C de North Andover, MA 01845 Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N rn Return Receipt showing to whom, Date,and Address of Delivery tv C TOTAL Postage and Fees S 0 5) Postmark or Date E S CV-r- 2-1291(W 0 U. f� A STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 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) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return 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,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the appropriate spaces on the front of this receipt. If 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. *U.S.G.Ro.1989-234-555 AORT#1 °4,�� BOARD OF HEALTH �9 120 MAIN STREET TEL: 682-6483 �9ssgcHy NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 February 28, 1991 I Mr. Michael Leary 57 Essex Street North Andover, MA 01845 Dear Mr. Leary: On I February 26, 1991, I inspected the premises of 25 Essex Street (your neighbor' s lot) . Upon the inspection, I viewed sewage flowing over the ground from your septic system. On previous inspections I was made aware that this condition was occurring. However, I did not actually see sewage flowing out of the ground, although evidence of this was visible. It appears that your leaching field has reached its life expectancy. The discharging of sewage over the ground is in violation of the State Sanitary Code, 310 CMR 15, 02 (20) . This condition must be terminated immediately. Please obtain the services of an engineer or other qualified person. Arrangements should be made by this person with the Board of Health to have your system repaired. In the meantime, your septic tank should be pumped and pumping should continue until a permanent solution to your problem is achieved. Continued pumping will prevent sewage from reaching your leachfield. If you have any questions, please do not hesitate to call me at 682-6483 , Tuesdays or Thursdays. I f Sincerely, ' Michael J. Rosati Health Agent. MJR/cj p MEMO: To Board of Health Regarding: Complaint at 57 Essex St. From: Len Phillips 1 . Complaint received Sept. 29, 1977 regarding Septic effluent on property at 57 Essex St. 2. Site examination made on Sept. 3011977by Joe Cushing and Len Phillips. _d Result of examination indicate: A. Areas of abnormal green grass B. Reports of odor and flowing effluent, although none detectable on this day. C. Septic system at this address flows in opposite direction and is more than a 100 feet from problem. D. Uphill neighbor at 61 Essex St. This system is supposed to be in different direction also. 3. Visit premises of 61 Essex St. made onSept 30,1977. Results were not avallable due to absence of home owner. Word left with housekeeper to notify Board of Health. 4. Call received from Dr. Scully on Oct.11, 1977 and appointment made to visit 61 Essex St. on Oct 14 , 1977at liPM. 5. Visit on Oct 14., 1977 at 4:05 P.M. by Joe Cushing and Len Phillips Homeowner had left on errand and was not available, waited for his return until 4:30 P.M. 6: Return to Board of Health at 4:45 to find Dr. Scully waiting and very upset we did not wait longer. Next appointment scheduled for Nov. 18,1977 at 4 P.M. 7: Next Nearest property beyond 61 Essex St. is Lot 51 Woodcrest Drive. This system is inthe direction and uphill of 57 Essex St. but is more than 500 ft. away. Dye testa were made as follows: 1. Dye inserted at Dr. Scully home 4 PM 11/28/77 2/ Evidence of the dye was made on 11/29 at 2 P.M. Nov. 30 at 2 P.M. Dec 1 at 4 PM Dec 2 3:45 P.M All tests were negative Discussion Mr. Leary as foltuoiqs: Possibility thit suspected water is actually ground water with traces of leaf decay or other . organisms. Lack of septic traces removes the Board of Health from concern. Mr. Leary will have suspect water tested for fecal coliforms. 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PROFILE SEPTIC TANK ro USTRIBUTIOM BOX NOT To SCALE S'NEET Z 12' MJA.T0f00lL COVER W off' WA61iGU PGASmNE "w'-UW' 00"•30° do�- � s �"i'J��TL'C C7RANGEl31:Ttr ,. ._6 ,•'rr„ FIND Ir AP.6OP�P'TION FbBD END SECTION a o r o o d m N FG'94•' _ N N N `1 JZ!' M I KI. COVER, DIST --�r - �O 3 4" carr irro�u I OCA 8Q„ Q SGEPTITIC 4" So�rD ^'`�'- 24.00 TANK DrzAAJ E suRr4 4' �' 4"WASA SNN p P.V.C. DISPOSAL SYSTEM PmoFILE -��ZO-°O 45' sy 4" PERFORATED ORANGEBup,6j 20' 5' AEVSOf PT1oN AMA= 4" PERFORATED 0RAN6EBUR6 j7 oltr, gni A5SOhPTION BED FLAN oms.ROLE MAC HOLE PER-- AA-rM TEST mis le- 401, r� ry ( ; 5 - 1 ►--7 c¢ SUB�oi�. De.:o re= _mfmT 841' C- tACIAL TIL.. ;ATUP-Ar1 ON 4 '4 4v .! .SHEET 3