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Miscellaneous - 59 ROCKY BROOK ROAD 4/30/2018 (23)
59 ROCKY BROOK ROAD 210/090.A-0048-0000.0 i 1 lu P ^ w T l`I i C rv� '47 lr CARLA G.BURNS Sales Associate (978)482-350 DIRECT LINE (978)475-8600 X143 OFFICE 1-800-533-0088 TOLL FREE (978)687-4233 FAX (978)376-5448 CELL war.] "0111 rcj 9 RESIDENTIAL BROKERAGE 100 Andover Bypass st _ North Andover,MA 01845 - E-mail Carla.Bums@NEMoves.com Owned And Operated �.NewEnglandMoves.com By NRT Incorporated. 59 ROCKY BROOK ROAD JS-2004-0439 Proiect Detail Report Printed On: Tue May 18,2004 Project Name: GIS#: 4711 Project No: JS-2004-0439 Owner of Record POWELL JR,ROBERT M& Map:-_ 090,A_ . Date Submitted:= — Oct-29-2003 - - - _ - = - 59 ROCKY BROOK ROAD Block: 0048 Status: Open NORTH ANDOVER,MA 01845 Lot: Work Category: Work Location: 59 ROCKY BROOK ROAD Zoning: Proposed Use: District: land Use: 101 Proposed Use Detail Subdivision Description Soil Testing Comments: of Work: r Department Status GeoTMS Module: Status File No. Comments: LCDate: Board of Health GREEN FLAG BHJ-2004-0031 5/18/04-Carla Burns looking for signoff on plans. Susan signed EOD on 5/17/04. Will leave copy of signed plan in pickup box for Carla.--p.d. 5/6/04-Carla Burns(Realtor)brought in a letter dated 5/4/04 and-revised plans dated 4/21/04 for Bill Dufresne of Merrimack Engineering. The h/o is Reece&Joanne Powell. The original date of plan is 12/1/03. Carla would like you to call her to discuss this property,as she is representing the sellers. Her business card is attached to the file.--p.d. 3/26/04-Received copy of soil testing results from 11/17/03 from Dan Ottenheimer for Susan. 2/26/04-Todd Bateson inquired about getting a DWC permit for this address. To date,there is not an approved plan on file. Engineer will need to submit a revised plan for approval.--p.d. 1/30/04-E-mail from Dan re:plan review letter. 1/28/04-Plan Denial Letter 11/24/03-Soil and perc test results received. IL Heidi,Brian and Pam, Attached please find the soil and percolation test results for the property at 59 Rocky Brook Road. It was reported at the site that this work was being done as the result of an agreement between the Town and the property owner that enabled them to add a bedroom(s)at some earlier date with the understanding that a new septic system would be installed when the property was sold. If this is the case,we will need to know a bit more about this when the plan _ `! comes in for review in order to determine if they must meet the standards for new construction or for a septic upgrade as classified under Title 5. Dan Permit History Type: Permit No: Issue Date Status Work Category Contractor Project No: Description of Work: GeoTMS®2004 Des Lauriers Municipal Solutions,Inc. Page 1 of 2 59 ROCKY BROOK ROAD JS-2004-0439 Proiect Detail Report Printed On:Tue May 18,2004 Plan Review BHP-2004-0368 NEEDS REVIEW JS-2004-0439 Rev. 1 Plan Review BHP-2004-0206 Jan-30-2004 DENIED JS-2004-0439 Plan Review-1st Soil Testing-Repair BHP-2003-0357 Oct-29-2003 SIGNED OFF JS-2004-0439 Soil Testing 3� GeoTMSO 2004 Des Lauriers Municipal Solutions,Inc. Page 2 of 2 � � � i b 7 � -�---�, PAZ r� lip!"' ;,�'�'"5...' MySih3j.frs } " } q" Aga . rtAi -. L�+ fit`�'' '� )l c`" r,(yr •q'. . +' `.��5. 'id4,. MAP # LOT #`` 4 46 $ a OP J a f ;' k�� a �{ jskv j' a ? 'r PARCEL# 4 � E - STR ET_� .���.. ..___. .. �ONSTRUCTIQN APPROVAL HAS PLAN REVIEW FEE .BEEN PAID? YE5 NO PLAN APPROVAL: DATE �I00194 APP. BY DESIGNER: O S GOOp PLAN DA-FE: CONDITIONS �� G t/. o� 25 �/1/G/1/Yi Ae� 111,19/55/416 ,&/fir' p �N GIP1//�T"Xo2 WATER SUPPLY: TOW} WELL WELL PERMIT__ WELL TESTS: CHEMICAL DALE A�'PRUVED BR6TERIA I DAIE (1PPRUVEU BACTERIA DATE A1='PRUVEll_ _�____ COMMENTS: FORM U APPROVAL: APPROVAL 1-0 ISSUE AYES NU DATE ISSUED BYSC � CONDITIONS: FINAL APPROVAL:. ALL PERMITS PAID YES NO WELL CONSTRUCTION APPROVAL YES NU SEPTIC SYSTEM CONSTRUCTION APPROVAL YES NO OTHER YES NU ANY VARIANCE NEEDED YES NO FINAL BOARD OF HEALTH APPROVAL: DATE: BY: SETI�SY�Z�M�NSS�4t,R QC! A�&i <,� •+ � .t ti .a , ',' '- .';:e�:.w.ccrT •t'-:t ,l,,vt #tt \-i .: i yP`J-rcz j +�'., F .. - - - - +tc ,IS THE INSTALLER LICENSED? t{ 4 h E NO '~ r TYPE OF- CONSTRUCTION: ; NEW REPAIR , YE .. NO NEW CONSTRUCTION: CERTIFIED PLOT PLAN REVIEW CONDITIONS OF..APPROVAL YES NO (FROM FORM U) , 'ISSUANCE OF DWC PERMIT \ ' YES NO f DWC PERMIT'.NO. �` ,..' �f INSTALLER: �D���oD s BEGIN INSPECTION EXCAVATION .INSPECTION: _ - : NEEDED: i!•!X PASSED :CONSTRUCTION INSPECTIONS NEEDED: 1 rt5 b AS BUILT PLAN SATISFACTORY: ES 1. APPROVAL TO BACKFILL: DATE: BY ,FINAL . GRADING APPROVAL: DATE BY -:..FINAL CONSTRUCTION APPROVAL DATE: BY ta y -3 1 i Commonwealth of Massec usetts City/Town of RECEIVE® System Pumping Record SEP 2 8 2009 Form 4 TOS' vv (HANDOVER DEP has provided this form for use by local Boards of He th.1O•thei-rfd4*R6 M _ug d, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority. A. Facility Information 1. System Location: Left side of house, Right side of house, Left front of hou<Right ront Left rear of house,Right rear of house. Address �� N& V v v City/Town State Zip Code 2. System Owner:. ve sr- ; s Name Address(if different from location) City[Town State_ Code Telephone Number B. Pumping Record 1. Date of Pumping Date 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) eptic Tank ❑ Tight Tank ❑ Other(describe): F 4. Effluent Tee Filter present? ❑ Yes No If yes, was it cleaned? ❑ Yes ❑ No 5. Conditio of System:�� 6. System Pumped By: Neil Bateson Name Vehicle License Number F5821 Bateson Enterprises Inc Company 7. Location where contents were disposed: L. Lowell Waste Water S' n ur of Haul r Date t5form4.doc•06/03 System Pumping Record•Page 1 of 1 i Commonwealth of Massachusetts \!�. City/Town of '� ' D System Pumping Record Form 4 OCT - g 2008 DEP has provided this form for use by local Boards of Health.Other fo s-may be used;butltl a=R information must be substantially the same as that provided here. Befo r" used' forni;�ch' ck with your local Board of Health to determine the form they use. The System Pumping Record must be submitted to the local Board of Health or other approving authority. A. Facility Information Important: When filling out 1. - System Locatl0 :: forms on the �I computer,use "44 only the tab key Address to move your cursor-do not use the return City/Town State Zip Code key. 2. System Owner: Name Address(if different from location) City/Town State Zp e Telephone Number B. Pumping Record 1. Date of Pumping Date 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) Tank ❑ Tight Tank ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes - to If yes,was it cleaned?4 ❑ Yes ❑ No t 5. Condition ystem: 6. Syste P m ` By: Name Vehicle License Number Company 7. Location where Its were ed: A In -,i - S-f7s, Signal&4& auler Li Date e t5form4.doc-06/03 System Pumping Record.Page 1 of 1 -C-N Commonwealth of Massachusetts -- City/Town ofd CEIVED System Pumping Record AUG - 12007 �` Form 4 TOWN OF fJORTii F,NL7UV�R DEP has provided this form for use by local Boards of Health. erffiift-§ k"A b the information must be substantially the same as that provided here. Before using this form,check with your local Board of Health to determine the form they use.The System Pumping Record must be submitted to the local Board of Health or other approving authority. A. Facility Information Important: K601When on;ng 1. System Locati n� forms on the � �-�" computer, use only the tab key Address ^ � � to move your C.:(l cursor-do not use the return City/Town State Zip Code key. 2. System Owner: Name 11 Address(if different from location) City/Town State Z' Code a Telephone Number B. Pumping Record 1. Date of Pumping Date 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) eptic Tank ❑ Tight Tank ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes 3- o If yes,was it cleaned? ❑ Yes ❑ No 5. Condition stem: v� 6. System P per- Name Vehicle License Number Company 7. Location re cP nten ereosed: hldA�' Sign H uler Date t5form4.doc•06/03 System Pumping Record•Page 1 of 1 TOWN OF �( SYSTEM PUMPING RECORDT",'M� DATE: j 1W�0 6 2003 , SYSTEM OWNER& ADDRESS SYSTEM LOCATION (example:left front of house) 5� �'CY) '&oov DATE OF PUMPING: QUANTITY PUMPED : o GALLONS CESSPOOL: NO V/ YES SEPTIC TANK: NO YES NATURE OF SERVICE: ROUTINE EMERGENCY OBSERVATIONS: GOOD CONDITION FULL TO COVER HEAVY GREASE BAFFLES IN PLACE ROOTS LEACEMELD RUNBACK EXCESSIVE SOLIDS FLOODED SOLIDS CARRYOVER OTHER(EXPLAIN) SYSTEM PUMPED BY: Bateson Enterprises, Inc. COMMENTS: CONTENTS TRANSFERRED TO: y Town of North Andover °f p°RTH , Office of the Health Department F? Community Development and Services Division e 27 Charles Street North Andover,Massachusetts 01845 'ss�cNuSet Susan Y.Sawyer, REHS/RS 978.688.9540-Phone Public Health Director 978.688.9542-Fax CE1��IIFIC,A2E OF C09141 '(IANCE As of: July 16, 2004 This is to cert that the individual su6surface disposal system repaired(XI — FuffSystem by 2oddBateson at 59 Roc�y BrookRoad North Andover, 911,9 01845 has been installed in accordance with the provisions of Title v of the State Sanitary Code and with the North Andover Board of Yfealth regulations. lie Issuance of this certzcate shall not 6e construed as a guarantee that the system will function satisfactorily. i -,SUS94 7 Sawyer, R61 S Pu6fic Yfeafth Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH688-9540 PLANNING 688-9535 i Town of North Andover °f"°oT",a Office of the Health Department ? °s° °°A Community Development and Services Division ss .* 27 Charles Street • �A« North Andover,Massachusetts 01845CH" �t h 8 wCMUS t Susan Y. Sawyer, REHS/RS 978.688.9540-Phone Public Health Director 978.688.9542-Fax CE1RIIE'XXrAL A_j r'F 0E COV CPr.T 3XE As of: ,duly 16, 2004 This is to cert that the ind vidual su6surface disposa(system repaired (Xl — Full System by Todd Bateson at 59 Rocky Brook 'AV D-ad r-Arorth Andover, 911,4 01845 has been installed in accordance with the provisions of 7itfe v of the State Sanitary Code and with the North Andover Board of Yfealth regulations. qWe Issuance of this certifi*cate shall not 6e construed as a guarantee that the system will function satisfactorily. --Sus i7 Sawyer, SEAS Tu6liclfealth Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 1 of 1 Dellechiaie, Pam From: Sawyer, Susan Sent: Tuesday, July 20, 2004 12:36 PM To: Dellechiaie, Pam'. Subject: FW: 59 Rocky Brook Road You can add that the final grade looked good 7/20/04. Loamed and seeded, grass is growing --- Original Message----- From: Dan Ottenheimer [ma iIto:info@milIriverconsulting.com] Sent: Tuesday, July 20, 2004 11:33 AM To: Susan Sawyer; amcbrearty@millriverconsulting.com; 'Pamela Dellechiaie' Subject: 59 Rocky Brook Road Sue and Pam, Attached please find the final construction inspection report for,59 Rocky Brook Road. No problems were found. Dan Mill River con suI'ting Daniel O,ttenheimer,President Mill River Consulting Septic System Management Services 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriv_erconsulting.com infomillriverconsultin .corn 7/20/2004 i AS-BUILT CHECKLIST / RECEIVED ✓ LOT NUMBER, STREET NAME JUL 16 2004 ASSESSORS MAP& PARCEL NUMBER TOWN OF NORTH ANDOVER HEALTH DEPARTMENT LOT LINES & LOCATION OF DWELLINGS LOCATIONS & D[MENSIONS OF SYSTEM, TIES TO LOT LINES & DWELLING, WELLS a. FROM SEPTIC TANK b. FROM LEACH AREA .LOCATIONS OF DEEP HOLES&PERC TESTS ELEVATIONS OF DISPOSAL SYSTEM TOP OF FDN ELEVATION LOCATIONS OF WELLS,DRAINS, WATERCOURSES WITHIN 150' OF SYSTEM AFA ✓� LOCATION OF WATER,GAS,ELECTRIC LINES, CABLE DISTANCES FROM CORNERS OF HOUSE TO CENTER OF TANK&D-BOX ORIGINAL STAMP &SIGNATURE IMPERVIOUS AREAS - DRIVEWAYS, ETC. NORTH ARROW _� LOCATION&ELEVATIONS OF BENCHMARK USED RECEIVED JUL 16 2004 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT TOWN OF NORTH ANDOVER SEWAGE DISPOSAL SYSTEM INSTALLATION CERTIFICATION The undersigned hereby certify that the Sewage Disposal System ( ) constructed; ( repaired: by r-,'iA-eSorJ located at ILZ was installed in conformance with the North Andover Board of Health approved plan, System Design Permit# dated , with an approved design flow of "gallons per day. The materials used were in conformance with those specified on the approved plan; the system was installed in accordance with the provisions of 310 CMR 15.000, Title 5 and local regulations, and the final grading agrees substantially with the approved plan. All work is accurately represented on the As-built which has been submitted to the Board of Health. Bed inspection date: Engineer Representative Final inspection date: Engineer Representative Installer: Lic.#: Date: `7" -'� / L Engineer. Date: 7 - L) r Design gi SH OF Mgss9c ti DANIEL Gn � KORAVOS CIVIL cn No.37752 /SITS STEQ� ONAt�'' Ell& = h. . r ; f�IS rL^+j r.[r+n t Fay-Reil 16 JOT _ ac,Y�,'fEM , TTIs A f-L40W VP fr+& LaArVW A 0 EI 9 VArnoi WF lW a! &-n WA tir9 _rA ty. Laic-040< Ij 25 2� zz rO C to =z C) 00 r+ HT1 � G cc==)) r" n E *y mo Q o _p- It �m Lir J \h� 37' I 0 I 1 � 1 �� --- _ _�1•�'� _ � `..JC..._ 58.5-7 � _ ----__ Ram gt2oo� �o� AS BUILT PLAN. OF SUBSUiRFACE D-IS-POSA.L. SYSTEM LOCATED IN AS PREPARED MR HOF '( M qS DATE: 7 -&_0+ ~I O�. DANIEL yG^ o KORAVOS -{ CIVIL SCALE: t.�� I L L.I gj No.3775 MERRIMACK ENGINEERONG SERVICES, INC. -� - PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 60 PARK STREET • ANDOVER, MASSACHUSETTS 01810 or TEL (617)473-3555. 373-5721 Page 1 of 1 L Dellechiaie, Pam From: Dan Ottenheimer[info@millriverconsulting.com] Sent: Tuesday, July 20, 2004 11:33 AM To: Susan Sawyer; amcbrearty@millriverconsulting.com; 'Pamela Dellechiaie' Subject: 59 Rocky Brook Road Sue and Pam, Attached please find the final construction inspection report for 59 Rocky Brook Road. No problems were found. Dan Mill River CO Suiting Daniel Ottenheimer,President Mill River.Consulting Septic System Management Services 2 Blackburn Center Gloucester,MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverconsulting_com info@mil lriverconsulting.com i 7/20/2004 0 0 TOWN OF NORTH ANDOVER <NORTH Office of COMMUNITY DEVELOPMENT AND SERVICES 3r W,.o HEALTH DEPARTMENT p 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01.845 �9SS„ ,jSE<� Susan Y. Sawyer,REHS/RS 978.688.9540=Phone Public Health Director 978.688.9542—FAX SEPTIC SYSTEM CONSTRUCTION NOTES ADDRESS: 59 Rocky Brook Road MAP:90A LOT: 48 INSTALLER: Todd Bateson DESIGNER: Danial Koravos PLAN DATE: last rev. 5/12/04 BOH APPROVAL DATE ON PLAN: 5/17/04 DATE OF BED BOTTOM INSPECTION: 6/29/04 Susan Sawyer DATE OF FINAL CONSTRUCTION INSPECTION: 7/1/04 Dan Ottenheimer DATE OF FINAL GRADE INSPECTION: SELECT SYSTEM TYPE GRAVITY DISTRIBUTION X PRESSURE DISTRIBUTION PRESSURE DOSING HOLDING TANK ADVANCED TREATMENT OTHER COMPONENT SUMMARY FROM PLAN GALLON TANK = 1500 LOADING OF SEPTIC TANK = H10 GALLON PUMP CHAMBER = LOADING OF PUMP CHAMBER = TYPE OF SAS = field DIMENSIONS AND DETAILS OF SAS: 25X37 SITE CONDITIONS 0 Existing septic tank properly abandoned ❑ Internal plumbing all to one building sewer Topography not appreciably altered Comments: Page 1 of 1 0 0 TOWN OF NORTH ANDOVER °f NORTq Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 27 CHARLES STREET * 0 NORTH ANDOVER, MASSACHUSETTS 01845 "Sg,CN„5 t� Susan Y. Sawyer,REHS/RS 978.688.9540—Phone Public Health Director 978.688.9542—FAX SEPTIC TANK X Bottom of tank hole has 6" stone base X Weep hole plugged X gallon tank has been installed (H-10 or H-20) (monolithic or 2 piece) X Water tightness of tank has been achieved (Visual or Vacuum Test or Water held for 24hrs) X Inlet tee installed, under access port D Outlet tee (gas baffle or effluent filter) installed, under access port X 20 inch cover to within 6" of final grade installed over one access port, must be over outlet of tank if effluent filter is present Manhole installed Hydraulic cement around inlet OK & outlet Comments: Monolithic septic tank D-BOX D Installed on stable stone base ❑ Inlet tee (if pumped or >0.08'/foot) Hydraulic cement around inlet & outlets 0 Observed even distribution ❑ Speed levelers provided (not required) Comments: Installer will place speed levelers in distribution box. Page 2 of 2 © Q TOWN OF NORTH ANDOVER Ot pORTN q Office of COMMUNITY DEVELOPMENT AND SERVICES o HEALTH DEPARTMENT Vp WA 27 CHARLES STREET "9 . .=r" NORTH ANDOVER, MASSACHUSETTS 01845 Susan Y. Sawyer,REHS/RS 978.688.9540—Phone Public Health Director 978.688.9542-FAX SOIL ABSORPTION SYSTEM Bottom of SAS excavated down to C soil layer, as provided on plan 6 —8 ft of old sand removed to C ►� Size of SAS excavated as per plan D Title 5 sand installed, if specified 1 load on site ok D 3/4-11/2" double washed stone installed D 1/8-1/2" (peastone) double washed stone installed D laterals installed and ends connected to header (and vented if impervious material above) D Orifices @ 5 & 7 o'clock positions ❑ Gravelless disposal systems: type, number and location as per plan D Elevations of laterals installed as on approved plan D 40 Mil HDPE barrier installed ❑ Retaining wall (boulder/ concrete /timber/ block) ❑ Final cover as per plan Comments: SYSTEM ELEVATIONS Benchmark: 129.65 Rod at Benchmark: 1.49 Height of Instrument: 131.14 INVERT ON DESIGN PLAN INVERT ELEVATION Building Sewer OUT Septic Tank IN 125.72 125.83 Septic Tank OUT 125.47 125.48 Distribution Box IN 125.29 125.31 D-BOX OUT 125.12 125.13 j Lateral HIGH 125.09 125.17 Lateral LOW 1124.90 Page 3 of 3 I Dellechiaie, Pam From: Sawyer, Susan Sent: Tuesday, May 11, 2004 1:29 PM To: DelleChiaie, Pamela have a new appointment for 2:30 today, 59 Rocky Brook Road made all other call backs Susan Sawyer, Public Health Director Town of North Andover 27 Charles Street North Andover, MA 01845 i 1 _ ama t-Avag, szokif, ff Ar -.,Lot LJ-4,01 i. All,Mol ilk tu(!Ul TtUi lit- AKC;, t asy Town of North Andover Health ,�artment Date. Y�'� i Location: (Indicate Address, if Resic�mtial r�r Name of Business) Y; � Check#: Type of Permit or License:(Circle) ➢ Animal $ e= ➢ Dumpster $ i ➢ Food Service-Type: $ ➢ Funeral Directors $ ➢ Massage Establishment $ ➢ Massage Practice $ ➢ Offal(Septic)Hauler $ ➢ Recreational Camp $ ➢ SEPTIC PERMITS: ❑ Septic-Soil Testing $ ❑ Septic Design Approval $ L,-,S tic Disposal Works Construction(DWC)$ zl_w. :Y. ❑ Septic Disposal Works Installers(DWI) $ ➢ Sun tanning $ yo, ➢ Swimming Pool $ ➢ Tobacco $ V ➢ TrashlSolid Waste Hauler $ .: ➢ Well Construction $ 1. V, ➢ OTHER:(Indicate) 081 Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer TOWN OF NORTH[ANDOVER f NORT" �i Office of COMMUNITY DEVELOPMENT AND SERVICES X20`t``°Tb �o HEALTH DEPARTMENT 27 CHARLES-STREET 416 r pgAi60^P*y(h NORTH ANDOVER,MASSACHUSETTS 0 1.845 �S.7 ClIUS�S Susan Y.Sawyer,REHS/RS 978.688.9540—Phone Public Health Director 978.688.9542—FAX healthdept@townofnorthandover.com www.townofnorthandover.com APPLICATION FOR DISPOSAL WORKS CONSTRUCTION PERMIT DATE:__ LOCATION• �� °p C/ LICENSED INSTALLER NAME: A PLEASE PRINT TELE SIGNATURE: PHONE# �I CHECK ONE: FULL SYSTEM REPAIR: COMPONENT REPAIR (indicate what parts): * NEW CONSTRUCTION: * If NEW CONSTRUCTION,please attach the Foundation As-Built Plan. $25 ab Fee Attached? Yes No Project Manager Obligation From Attached? Yes No ,v�{ Foundation As-Built? Yes No � Floor Plans? Yes No r/ Approval of Health Age Date: ��o INSTALLER PROJECT MANAGEMENT OBLIGATIONS As the North Andover licensed installer for the construction of the septic system for the q a property at ` [ ��� k �c relative to the application of I� 34404 dated —� 4( for plans by d l,�It`` `��"���'S and dated with revisions dated I understand the following obligations for management of this project: 1. As the installer I am obligated to obtain all permits and Board of Health approved plans prior to performing any work on a site. I must have the approved plans and the permit on site when any work is being done. 2. As the installer I must call for any and all inspections. If homeowner, contractor, project manger, or any other person not associated with my company schedules an inspection and the system is not ready then item three shall be applicable. 3. As the installer I am required to have the necessary work completed prior to the applicable inspections as indicated below. I understand that requesting an inspection, without completion of the items in accordance with Tile 5 and the Board of Health Regulations may result in a$50.00 fine being levied against my company. a) Bottom of Bed - generally first inspection unless there is a retaining wall which should be done first. Installer must request the inspection but does not have to be present. b) Final inspection — Engineer must first do their inspection for elevations ties etc. As-built or verbal OK from engineer must be submitted to Board of Health, after which installer calls for inspection time. Installer must be present for this inspection. With pump system all electrical work must be ready and able to cause pump to work and alarm to function. c) Final Grade—Installer must requestinspection when all grading is complete. Does not have to be on site. 4. As the installer I understand that only I may perform the work(other than simple excavation) required to complete the installation of the system identified in the attached application for installation. I further understand that work by others unlicensed to install septic systems in North Andover can constitute reasons for denial of the system, and/or revocation or suspension of my license to operate in the Town of North Andover; significant fines to all persons involved are also possible. 5. As the Installer I understand that I must be on site during the performance of the following construction steps: a) Determination that the proper elevation of the excavation has been reached. b) Inspection of the sand and stone to be used. c) Final inspection by Board of Health staff or consultant. d) Installation of tank, D-box, pipes, stone, vent, pump chamber, retaining wall and other components. 6. As the installer I understand that I am solely responsible for the installation of the system as per the approved plans. No instructions by the homeowner, general contractor, or any other persons shall absolve me of this obligation. Undersi edensed Septic Installer r L/ Date. Disposal Works Construction Permit# TOWN OF NORTH ANDOVER SEWAGE DISPOSAL SYSTEM INSTALLATION CERTIFICATION The undersigned hereby certify that the Sewage Disposal System ( )'constructed; ( 'repaired; by dfr 7=c sdc/ located atvov�� was installed in conformance with the North Andover Boarq of Health approved plan, System Design Permit# , plan dated_ 5=-/d —o , with a design flow of;5o gallons per day. The materials used were in conformance with those specified on the approved the ste edplan; s pP system was installed in accordance with the provisions of 310 CMR 15.000, Title 5 and local regulations, and the final grading agrees substantially with the approved plan. All work is accurately represented on the As-built which has been submitted to the Board of Health. Bed inspection date: Engineer Representative Final inspection date: Engineer Representative Installer: ' eSa� � L.ic.#: Date: ,5 �a Engineer: l / e SNS 4 Date: I � Form No.3 Town of North Andover, Massachusetts BOARD OF HEALTH M .71: ,*`•._. a°o O 9 DISPOSAL WORKS CONSTRUCTION PERMIT ,SSACMUSEt ApplicantADDRESS TELEPHONE AME Site Location PermissionY is hereby granted to Construct (or Repair ( ) an Individual Soil Absorption � SCJ Sewage Disposal System as shown on the Design Approval S.S. No. C AIRMAN,BOAR?pf HEALTH D.W.C. No. Fee : Town of North Andover, MasS1k_1.__-nusetts Form No.2 NORTq BOARD OF HEALTH C o F w A ' °•b- - ,'" DESIGN APPROVAL FOR sSACHUS6'( SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Applicant __'in _'S(Qj Qn - Test No, Site Location J n Reference Plans and Specs. I LA-U, ENGINEER c DESIGN DATE Permission is granted for an individual soil absorption sewage disposal system to be installed. in accordance with regulations of Board of Health. —CHAIRMAN,BOARD OF HEALTH Fee ) Site System Permit No. Ce�S�- Page 1 of 2 DelleChiaie, Pamela From: Sawyer, Susan Sent: Tuesday, May 18, 2004 9:32 AM To: DelleChiaie, Pamela Subject: RE: 59 Rocky Brook-Carla Burns looking for sign-off I believe I stamped this one. Once you are all set can you call Carla for me?Thanks -----Original Message----- From: DelleChiaie, Pamela Sent: Friday, May 14, 2004 11:53 AM To: Sawyer, Susan Subject: 59 Rocky Brook-Carla Burns looking for sign-off Importance: High Hi Susan, Carla Burns, Realtor with Coldwell Banker called wanting to know the status of your review of 59 Rocky Br that she dropped off for Bill Dufresne yesterday afternoon. (each person knows that you work right arouna clock, and you have no ether calls or appointments going on but theirs—right?). Can you please call Carla on her cell: 978.376.5448. Thanks, P Pamela DelleChiaie, Health Dept. Assistant Town of North Andover Community Development& Services 27 Charles Street North Andover, MA 01845 pdellechiaie@townofnorthandover.com Tel. 978-688-9540 Fax 978-688-9542 5/18/2004 .: , . CD MERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 66 PARK STREET•ANDOVER,MASSACHUSETTS 01810•TEL(978)475-3555,373-5721 •FAX(978)475-1448•E-MAIL:merreng@aol.com May 4, 2004 Ms. Susan Y. Sawyer Public Health Director �`� '�OF NORTH NDO'-€��/ F3�A:Rn OF HEALTH Town of North AndoverT „rri 27 Charles Street MAYu North Andover, MA 01845 RE: 59 Rocky Brook Road Dear Ms. Sawyer: We have received the review letter by Brian LaGrasse dated January 28, 2004 for the above referenced site. The plan has been revised to address items 3, 5, 6, 7, 8, 10, 11 and 12 of the letter. Three (3) copies of the revised plan are submitted herewith. Also submitted is a copy of the recorded agreement between the Board of Health (by Sandra Starr) and the property owners Reece and Joanne Powell which was executed when the Powell's applied for a Building Permit in 2000 to improve their basement. It was recognized by all parties at this time (2000) that the original septic system which was designed and constructed prior to the 1995 Title 5 code change was inadequate for the existing dwelling under current loading requirements (no reference is made to no. of existing or proposed bedrooms) and therefore should be upgraded (see paragraph 4 of the agreement). Again in paragraph 5 of the agreement several more references are made regarding the upgrade of the system and never is a reference made to new construction or full compliance as is suggested in item#2 of the Board of Health review letter. Item#1 of the review letter states that it is apparent that 5 bedrooms exist in the existing dwelling. It was not apparent to the designer that 5 bedrooms exist. The existing dwelling contains 4 bedrooms with a loft in the master suite which does not meet the definition of a bedroom 310 CMR 15.002 (ceiling height and windows) and a recreation room in the basement again not meeting 310 CMR 15.002 (ceiling height) as such we feel the 4 bedroom design is appropriate. With regards to item#4 of the review letter, for reasons previously stated this is an upgrade design as such this comment is not applicable to this design and lastly with regards to item #9, we believe the water line location to be generally accurate as if it existed as the reviewer suggests then it would be in direct conflict with the existing septic tank. CD CD Ms. Susan Y. Sawyer May 4,2004 Page 2 In summary, we feel this design, as revised, is compliant with Title 5 and the North Andover Board of Health Regulations and is consistent with the spirit and intent of the recorded agreement and respectfully request this plan be approved as resubmitted. Very truly yours, MERRIMACK ENGINEERING SERVICES i William Dufresne Project Manager cd MERRIMACK ENGINEERING SERVICES,INC. 66 PARK STREET ANDOVER,MASSACHUSETTS 01810 AGREEMENTCD , 111 i_a- i.s an agreement made this /Vday of Aq vs � , 2000 by and bet: en b j-t: Fojaell , Jr. and JoAnne Powell (hereinafter called the "Owners" ) OF Nbr-th Andover, Massachusetts and the Board of Ile alth of the Town of Nor. tll Andover, Massachusetts (hereinafter called the "Board" ) which C., t_1 1 be banding oil future owners . In coxlsi.deration of the mutual covenants described herein, 'the parties agree as follows . V41m�re:a" the Owners desire to finish a recreation room in the basement c.)f Lij(�i.r home at 59 Rocky Brook Road, North Andover,. Massachusetts and are Xe-reto obtain a building permit from the Town of North ver for said--purpose. W?her. eas the Board has determined 'that the septic system servicing the >a:id subject premises has inadequate leaching capacity under current local septic regulations and . Title V of the State Environmental Code rcgu.iremt-:nits to serve the existing dwelling . ['ltrther, the Owners , having been informed of the inadequacy of the (nir_rent• septic system are desirous of. completing the recreation. room :> 11 understand and agree that the septic system must be--upgraded 11jeBare the property can be sold. Nr.),3, therefore, the Owners agree and represent to ttie town of North . nn,3aver , more specifically, the Board of Health, that they will have soil tests performed and a septic design created so that they may ohtai.n ''estimates ,for the necessary upgrading of the septic system. ' h!" Owners agree to complete the upgrade of the septic system within a x(113-SOnable period of time not to exceed five years , or, if the pro- p,2!rty is placed under real estate agreement for sale, the Owners will escrow 1.25% of the estimate for the upgrade of the septic system and U'vr. Buyer will undertake the upgrade as required by Title V and a:.c.c3rcling to the approved .plan of record. on file with the Board of TES%1 1 th. In order to ensure notification to prospective Buyers, this agreement shall bh affixed to and filed with the Deed to 59 Rocky Brook Road, Nor_tli I\ndover, Massachusetts . 10 WITNESS WHEREOF the parties have signed their hands and seals this .�►r5fi day of /7" v Ci , 2000 . BOARD OF HEALTH BY: ���IJII�G Owner Owner . NORTH JA TOWN OF NORTH ANDOVER 3r°d�"" q+ HEALTH DEPARTMENT 27 CHARLES STREET. ;o ` NORTH ANDOVER, MASSACHUSETTS 01845 SACHUS Heidi Griffin Community Development Director (978)688-9540 -Phone Acting Health Director (978)688-9542 -Fax FAX Bill Dufresne From: Pamela To: MERRIMACK ENGINEERING 66 PARK STREET Andover, MA 01810 Fax: 978-475-1448 Pages: (_ Phage: 978-475-3555 Date: D� �d Septic Plan Response CC: Re: ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle e Comments: Attached is the response from the Health Agent regarding Septic Plans for the following property: copy has also been mailed to the homeowner. Please call 978-688-9540 for assistance with any questions. Thank you. Cc: File Homeowner Log for NORTH ANDOVER 9786889542 Feb 06 2004 1:09pm Last Transaction Date Time Twe Identification Duration Pages Result Feb 6 1:04pm Fax Sent 89784751448 2:24 3 OK 0 Q TOWN OF NORTH ANDOVER Vol rot 9 Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT ► _ . s 27 CHARLES STREET s NORTH ANDOVER,MASSACHUSETTS 01845 Heidi Griffin 978.688.9540—Phone Acting Health Director 978.688.9542—FAX January.28, 2004 Daniel Koravos Merrimack Engineering Services 66 Park Street: Andover; MA 0181.0 RE: 59 Rocky Brook Road, Map 90A,Lot 48 Dear Mr. Koravos, The proposed septic system design plans for-the above site dated January 9, 2004 and received on January 16,2004 have been reviewed. Unfortunately, the plans cannot be approved as submitted. The following items are in,need of attentionprior to approval: 1. The design flow needs to be based on the 5 bedrooms which apparently currently,exist . in the house. This was indicated on part of-the design plan but was not used as the basis for design calculations. 2:, In addition to,item#1 above, the 5 bedroom design flow must meet new construction standards in state and local regulations. Accordingly, please provide the minimum, design size required for new construction by the North Andover Regulations. For example, in the instance of a leach field the minimum size is 900 square feet of leach area. Please also accommodate other new construction design standards in state and local.regulations. 3. Please indicate that removal of soil horizons A&B shall extend at least 6'.' into the suitable soil of the C horizon or request a variance from this regulation. (NA 9.02) 4. Trenches-are to be used as the soil absorption system mechanism whenever possible. Please use trenches in this instance or explain why they cannot be utilized. (3 10 CMR 15.240) 5. 0 Please provide greater clarity than specified inNote 46.whether a foundation drain does or does not exist within the setback standards indicated in the regulations..(NA 8.02) 6.. The description of soil found in Test Pit#1 on the design plan does not match that indicated in the soil evaluation report nor the Board of Health's field stafFs records.: 7. , Please indicate the presence or absence of surface water supplies within,the,setbacks provided in state and local regulations. 8. Please have the depicted wetland resource area boundary confirmed by the North Andover Conservation Commission and indicate the delineator and confirmatory date on the design plan. r 0 9. Please confirm the water line location depicted on the design plan(most dwellings were/are constructed with the waterline going in a straight line from the gate valve to the point of entry to the dwelling). 10. Please provide additional detail about the catch basin and storm drain system in front of this property on Rocky Brook Road particularly with respect to its connection to water supplies and its relationship to ground water levels. 11. f Please indicate that the septic tank inlet and outlet tees are to be located beneath the access ports. (3 10 CMR 15.228) 12. o Please specify that all distribution box outlets are to be at the same elevation. (3 10 CMR 15.232) Please feel free to contact the office with any questions you may have. We look forward to working with you to obtain a replacement septic system which will be in compliance with all regulations and assure protection of public health and the environment of North Andover. Sincerely, Brian LaGrasse Health Inspector cc: Homeowner CD&S Dir. File Wage 1 of 1 DelleChiaie, Pamela From: Dan Ottenheimer[info@millriverconsulting.com] Sent: Friday,January 30, 2004 8:51 AM To: Heidi Griffin; Brian LaGrasse; pdellechiaie@townofnorthandover.com Subject: 59 Rocky Brook Road Heidi, Brian and Pam, Attached please find the plan review letter for 59 Rocky Brook Road. We instructed them to design their system based on new construction standards as that is what they would need to meet if they were actually going to increase flow to a 5'bedroom system today. My understanding is that they increased the house to 5 bedrooms in size some time ago and are just now upgrading the septic system accordingly. Feel free to amend if you see it appropriate. Dan Daniel Ottenheimer, President Mill River Consulting Septic System,Management Services 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverconsulting.com info@millriverconsultina.com P 1/30/2004 s Page t of 2 r� DelleChiaie, Pamela From: McKay,Alison Sent: Wednesday,January 28, 200412:06 PM To: info@millriverconsulting.com Cc: Lagrasse, Brian; DelleChiaie, Pamela Subject: FW: 59 Rocky Brook Road Hi Dan, 1 did a little research regarding the wetlands associated with 59 Rocky Brook(subdivision lot 18). The wetland resource area was approved as part of the Rocky Brook Estates filing (DEP file#242-392),which was approved back in 1987,with proposed plans dated November of 1996. As built plans, including lot 18,are dated January 20, 1999. 1 did not find any other conservation filings which corresponds to this address. Long story short,the resource areas on the lot was reviewed and approved by the Conservation Commission some time ago and any proposed work on the lot would require a new delineation of the line to determine buffer zone setbacks. Please let me know if you have any further questions in this regard. Alison McKay Interim Conservation Administrator -----Original Message----- From: DelleChiaie, Pamela Sent:Tuesday, January 27, 2004 3:38 PM To: McKay,Alison Subject: FW: 59 Rocky Brook Road Hi Alison, Can you find out about the wetlands delineation on this address from 1994? See below. Thank you. Pam -----Original Message----- From: Dan Ottenheimer[mailto:info@millriverconsulting.com] Sent:Tuesday, January 27, 2004 2:46 PM j To: Heidi Griffin; Brian-LaGrasse; pdellechiaie@townofnorthandover.com Subject: 59°`Rocky Brook Road x Heidi, Brian and Pam (this may be my last e-mail to Heidi In reviewing the 59 Rocky Brook Road septic plan two questions came out which we are wondering of you could help answer. First, the septic plan references a wetlands delineation which was on a septic system plan from 1994. Could someone please check with the Conservation Commission to see if that delineation was ever confirmed? 1/28/2004 QPage 2 0f 2 Second, our understanding is that the owners were given approval to build a 5 bedroom house on a 4 bedroom septic system on the condition that they replace the septic system when the house is sold. (As an aside, this is a terrible idea and I would strongly suggest against this in the future. It is also not allowed under Title 5 without a variance from Title 5 issued by both the BOH and the DEP.) Is this correct? If so, I am guessing we would treat this as some time of upgrade but having to meet new construction standards? Any thoughts would be welcome. Happy shoveling, Dan Daniel Ottenheimer, President Mill River Consulting Septic System Management Services 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverconsulting.com info@milldverconsuIting.com 1/28/2004 TOWN OF ORTH ANDOVER BOARD OF HEALTH Location � G � - Permit, # Food Service $ Retail Food $ Limited Retail $ Seasonal $ Disposal Works Installers $ Disposal Works Construction $ Soil Testing $ Design Approval Permit(/' $ Dumpster Permit $ Burial Permit $ Swimming Pool Permit $ Animal Permit $ Recreational Camp Permit $ Well Construction Permit $ Funeral Directors Permit $ Massage Establishment License $ Massage Practice License $ f Suntanning Establishment $ Offal/Trash Hauler $ Other $ E 433 Health Agent 1 White - Applicant Yellow - Dept. Pink - Treasurer m Town of North Andover HEALTH DEPARTMENT 27 Charles Street North Andover,MA 01845 * Ti OF NORTH A `~ / 978.688.9540 BOARD OF HEAL healthde5 mvnofnod andover.com T yc AN f 6 200 s, SEPTIC PLAN SUBMITTAL FOS DATE OF SUBMISSION.. 1 SITE LOCATION: �`'I I<=t�X ' '��� ry ENGINEER: �Irti►-1,��i t:�6 I►J Ei��t1 C �tZ�/I� NEW PLANS: YES S225.00/Plan Check (Includes 1WFEne Re-Review Only) REVISED PLANS: YES $75.00/Plan Check#: SITE EVALUATION FORMS INCLUDED: � NO LOCAL UPGRADE FORM INCLUDED: A/'4;. YES Telephone#: Fax#: E-mail: HOMEOWNER NAME: fo l�1 OFFICE USE ONLY " When the subn"on is complete(Including check): 1. '� stamp pions and latter 2. Co fete attachReceipt t nip and elp 3. py File; Forward to Consultant 4. /Enter on Log Sheet and Database Location: owner's Map/Parcel: _ Address: Qzmg:K�00 Installer•. Tel t€:_/®�1�s New is � „f 1._._ pla, Date: I -L fi-D 3 wetlaadsZa�ae II`Sori SymbolSotl lQame Bon ails Deep Observation Hole Logs Elevation Depth Son rizoa Soil TeMre Son Color Son MOtding. % Gravel,Stones,eta c '(moi OL F Itii�g,lffi G fel�fyy (nuc i� Parent MatecW ,�.-_._Dgth to&dMA` —1 �P i _ EffiCtYs ". ,._„_,_,Stmdia=�Ilner to the IHola R la front tlt Faa V. t,,l.. 2•,5Y54 i✓��trh �'tR.tA�hc-d�' ' �ISI-i�v tiL t✓In�.�tu,9n Z.,S'1'.� ���s�G� l,�s,�S ►N�,t,t; ,,"Mt M""W -� t 1.L Depth to Bedncl��^_" Sterdln=�Yatee la the bola (�7 aWaon=ftaa tit Fan Date -02,2 percolation Tests Obsen-ation Hola �- I Depth of Pere " Start Pre-soak: 13 Time at 12" Z : 71di Time at 9" 00 Time at 6" y ; ' Time(9"-VL •Rate HZin&ch Performed B�: WimessedB�� �• Ee)J�F�JI..{ r, 4 V FORM - U - LOT RELEASE FORM � INSTRUCTIONS: This form is used to verify that all-necessary approval/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and or landowner from compliance with any applicable requirements. l■■■■.■■■■■■■■■■.■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■....■..■■■ ..was was man■■ APPLICANT PHON 5'O , ASSESSORS MAP NUMBER �CJ LOT NUMBER SUBDIVISION LOT NUMBER 1 00, STREET c.,CV` �( c�C� C � \ � STREET NUMBER � l t■■■■■■■■n■■■■■■■-3 : .■■■■■■■■■■■■■■■■■■■■■■■■■■u■■■■■..■■■■.■■.■■■■■■■■■■■-■■ OFFICIAL USE ONLY E RECOMMENDATIONS OF TOWN AGENTS -N �s�I�� � ASVy��p�}�— $..■.....................■.■■■■■■■■..,........■...■.■■■■■■■■■■■■■■■■■■■.■■■■■ DATE APPROVED CONSERVATION ADMINISTRATOR DATE REJECTED j I CONM4ENTS i DATE APPROVED TOWN PLANNER DATE REJECTED COMMENTS 1 R DATE APPROVED t FOOD INSPECTOR-HEALTH DATE REJECTED DATE APPROVED 18EfTfC alffptCTOR-HEALTH DATE REJECTED ,i COMMENT S 1&14. C r d�Z— pins5%11' 5,y A— _'_-PUBLIC WORKS-SEWER/WATER CONNECTIONS DRIVEWAY PERMTT i DATE APPROVED FIRE DEPARTMENT I DATE REJECTED CONOAENTS RECEIVED BY BUILDING INSPECTOR DATE i ' w O R ' To" of � � t r4Andover P A, AA ' iO. , yy ` ort doves, Mass., 1911 '4 # O LAKE COCMICMEWICK E BOARD Of' HEAUni RMIT T D Food/Kitchen Septic System (r�/ BUILD N C. INSPECTOR- HIS R " 7 I THIS CERTIFIES THAT..��c. �..0 �. ?fL C... ... ......... .................................................................................. Foundation .... has permission to erect.. ....F11= buildings on ..�- '..L ..."'"'..... .. Kf �.. ,to be occupied as Qwr—..\/ MI.LIA . ...-.00v.. ..ky. 1L.QR.....' �.. . Chimr iY provided that the person accepting this pe mit shall In every respect conform to the terms of the application on file in this office, and to the provisions of the Codes.and By-Laws relating to the Inspectlo TOR P8600100Bulltlings In the Town of North Andover. PhUMBING 1NSP�CT(�ft� REGULATED BY PARA: 114.8-S. B.C.' �� ) VIOLATION of the Zoning or Building Regulations Voids this Permit. X FEE PAI 100 , GA J, / F PERMIT EXPIRES IN 6 MOI ELECTI AL SP O UNLESS CONS I STI aou ervt f PERMIT FOR FRAMUBUILDING r 4PC . ...... ..... ..... . 1 -A", c�/ /�// BUILDING INSPECTOR :DATE: tl FEE PAID• d Occupancy Permit Required to Occupy Building GAS INSPECTOR Itough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done Until Inspected and Approved by the Building Inspector. FIRE' DEPARTMENT Burner " Street NPLANNING FINAL CONSERUATIO SEWER/WATER _7-Nea) FINAL DRIVEWAY EN RY PERMIT Smoke Det. ` Lri-, �� �?� LAW OFFICES OF GREELEY & SHEA ATTORNEY ANDREW F. SHEA TWO PUN HA C RD AVENUE ANDOVER, MASSACHUSETTS 01810 &em (978) 475-9445 • FAX (978) 475-5294 North Andover Boarc� of_Health� DATE,__, .k 2000 2000 A • TO _North_ andy Starr �. ,.._w —.__27_ .Charles_ St- __� __ _____ _. __ SUBJECT: ___..__ North Andover, MA. 01845 f,I 9 { Dear Sandy, - �—____------- I wish to certify that I recorded the agreement with Mr . & Mrs . Powellconcerning -,59- -Rocky- BrookRoadat the_.-Registry,_--of.__Deedsin __^-_____, Lawrence on Tuesday, August 8, 2000 at 1: 41PM. I am enclosing herewithz3-_certif ied__copy_of,...the_agreement._ is,._now-__a ._record.ed,_ document__and. ,w .11.-act --a-s- notice__to__,the._,.________ .__._. world and any future buyer about the recorded agreement against the tit e of; Mr_.__&_ Mrs .- -Powell-._ I wish to thank you _for -your courtesy and your cooperation in resolving this situation. Very truly yours , Andrew F. Shea, Esq. AFS :bps MICU-803-2 PRINTED IN U.S.A. 59 ROCKY BROOK ROAD I met with the owner of the property to discuss what they want to do to their property. They wish to add a room by finishing off their walkout basement. They currently have nine rooms (one a study which can obviously be used as a bedroom) and another area called a "sitting room" that may easily be a tenth room by adding a door. Under Title 5 additional flow cannot be added to a house unless the septic system complies fully with the current Title 5. With an additional room the total number of rooms will be at least 10 (550 gallons per day capacity), arguably eleven. Their existing leach area has the capacity to serve a 3 bedroom or seven- room house (390 gallons per day capacity). We discussed several options and I offered three solutions as follows: 1. Option 1: Upgrade and enlarge the septic system now and then finish the room. 2. Option 2: File a deed restriction to upgrade the septic system to meet - Title 5 requirements for a five bedroom house at the time of deed transfer of the property. 3. Option 3: File a deed restriction that states the finished room in the basement will be dismantled before transfer of the property. They;were not happy with any option. They spoke with the original design engineer who stated that an upgrade to this system would cost approximately $1000 - $15,000. Houses in on this street are selling for$500 - $700,000. The cost for a septic system upgrade at time-of sale did not seem to me to be particularly costly. I believe that Option 2 is the best way to go in this situation. A G R E F>Int E N T This is an agreement made this 1.:J�/ day of/711 dS , 2.000 by and between Robert Powell , Jr . and JoAnne Powell (hereinafter called the "Owners" ) of North Andover. , Massachusetts and the Board of Health of the Town of North Andover , Massachusetts (hereinafter called the "Board" ) which shall be binding on future owners . In consideration of the mutual covenants described herein, the par_ti:es agree as follows . t;thet:eas the Owners desire to finish a recreation room in the basement ofl .j.r biome at 59 Rocky Brook Road, North Andover , Massachusetts and are required to obtain a building permit from the Town of North Andover for said purpose. thea.-eas the Board has determined "that the septic system servicing the said subject premises has inadequate leaching capacity under current Ica c:-I septic regulations and Title V of the State Environmental Code requirements to serve the existing dwelling. further, the Owners , having been informed of the inadequacy of the current septic system are desirous of completing the recreation room an-j understand and agree that the septic system must be upgraded I-Defnre the property can be sold. No,,7, therefore, the Owners agree and represent to the town of . North Andover , more specifically, the Board of Health, that they will have soil tests performed and a septic design created so that they may ol-ita.i-n estimates ;for the necessary upgrading of the septic system. '-flie e Owners agree to complete the upgrade of the septic system within a rc�,7sf:�E.1ak�1.e period of time not to exceed five years , or, if the pro- perty is placed under real estate agreement for sale, the Owners will escrow 1.25% of the estimate for the upgrade of the septic system and the- Beyer will undertake the upgrade as required by Title V and a_c caro.ing to the approved .plan of record_ on file with the Board of tcr�.lth. In order to ensure notification to prospective Buyers , this agreement shall be affixed to and filed with the Deed to 59 Rocky Brook Road, North Andover , Massachusetts . IN [FITNESS tedHEREOF the parties have .signed their hands and seals this 4;r6f day of 67,-- , 2000 . BOARD OF HEALTH BY: Owner Owner i COMMONWEALTH OF MASSACHUSETTS Essex, ss; 2000 Then personally appeared the above named Robert Powell, Jr , and JoAnne Powell and acknowledged the foregoing as their free act and deed before me. All - f Notary Public My Commission Expires COMMONWEALTH OF MASSACHUSETTS Essex, ss; 2000 2000 Then personally appeared the above named —k authorized signer for the Board of Health and acknowledged the foregoing instrument to be the free act and deed of said Board . i Notary Public: My Commission Expires: ��� I 'age 2 I Notes on AGREEMENT with Board of Health and Powell—59 Rocky Brook Road, North Andover: Paragraph 1: This is ... (hereinafter called the "Board") which shall be binding on future owners. Paragraph 4: Whereas the Board has determined that the septic system servicing the said subject premises has inadequate leaching capacity under current local septic regulations and Title 5 of the State Environmental Code requirements to serve the existing dwelling. Paragraph 6: Now,therefore,the Owners agree and represent to the Town of North Andover, more specifically, the Board of Health, that they will have soil tests performed and a septic design created so that they may obtain estimates for the necessary upgrading of the septic system. The Owners agree to complete the upgrade of the septic system within a reasonable period of time not to exceed five years, or; if the property is placed under real estate agreement for sale, the Owners will escrow 125%of the estimate for the upgrade of the septic system and the Buyer will undertake the upgrade as required by Title 5 and according to the approved plan of record on file with the Board of Health. In order to ensure notification to prospective buyers, this agreement shall be affixed to and filed with the Deed to 59 Rocky Brook Road,North Andover. IN WITNESS WHEREOF ... �� _.�.��� ��.� ��� 1� c Gtr � �'�' D�1 �� ��'�T �i A G R E E M E N T This is an agreement made this day of July, 2000 by and bet- ween Robert Powell, Jr. and JoAnne Powell (hereinafter called the "Owners" ) of North Andover, Massachusetts and the Board of Health of the Town of North Andover, Massachusetts (hereinafter called the "Board" ) . In consideration of the mutual covenants described herein, the Parties agree as follows . Whereas the Owners desire to finish a recreation room in the basement of their home at 59 Rocky Brook Road, North Andover, Massachusetts and are required to obtain a building permit from the Town of North Andover for said purpose. Whereas the Board has determined that the septic system servicing the said subject premises does not meet Title V standards . Further, the Owners , having been informed of the inadequacy of the current septic system are desirous of completing the recreation room and understand and agree that the septic system must be upgraded before the property can be sold P Y Now, therefore in consideration of a waiver by the Board of the applicability of Title V to the subject premises , the Owners agree and represent to the Town of North Andover, more specifically, the Board of Health that they will obtain estimates for the necessary upgrading of the septic system and they will complete the upgrading within a reasonable period of time, or, if the property is placed under real estate agreement for sale, the Owners will escrow 125% of the estimate for the upgrading of the septic system and the Buyer will undertake the upgrading as required by Title V. Finally, the Owners respectfully request a waiver of Title V -applicability to the subject property. - _ IN WITNESS WHEREOF the parties have signed their hands and seals this day of July, 2000 . - BOARD OF HEALTH ay : Authorized Official Owner Owner r46 . COMMONWEALTH OF MASSACHUSETTS Essex, ss; July /9�) 2000 Then personally appeared the above named Robert Powell, Jrr,.'Vand JoAnne Powell and acknowledged the foregoing as their free ac't`-.and_s . deed before me. ��—� � ' tai .�•., �" - Nofi�L'-ry My Commission Expires : z . COMMONWEALTH OF MASSACHUSETTS Essex, ss ; July 2000 Then personally appeared the above named authorized signer for the Board of Health and acknowledged the foregoing instrument to be the free act and deed of said Board. Notary Public My Commission Expires : page 2 Fw20M- PETERS TRAVEL CENTER FAX N0. Q Jul. 27 2000 02:37PM P1 Low Offices Greeley & Shea Two Punchard /avenue Andover, Massachusetts, 01810 Tel.# (978) 475-9445 rax/ (978) 475.57.94 Facsimile Cover Sheet Oate: -7/2? 1 ID i F-1'0/77: Attorney Andrew F. Shea ` �I of pages,-, Comments. � y CRA4 � . If you have received this fax in error, please notify us immediately by telephone. FROM : PETERS TRAUEL CENTER O FAX NO. 0 Jul. 27 2000 02:38PM P2 zr� �x Z-4 LAW OFFICES Greeley & Shea Attorney Andrew P. Shea 2 Punchard Avenue Andover, MA. 01810 DATE: July 27 , 2000 Tel # (979) 475.9445 TO. North Andover Board of Health Fax (979) 875-5294 Attn: Sandy Starr FAX # ( 978) 6889542 # OF PaGES FROM: Ase�j A .0�• RE: Powell - 59 Rocky Brook Rd. Dear Sandy, In response to your fax dated July 26, 2000, 1 have made the requested amendments to the proposed agreement and I am faxing an amended copy herewith for your review and aprproval . I have read your fax and the new final paragraph you have requested concerning affixing the agreement to the deed. As the agreement is notarized by both parties I believe the agreement is recordable at the Registry of Deeds in Lawrence. Further , a marginal reference to the deed to Mr . & Mrs . Powell can also be requested and placed on the record books . However, a new deed will not be recorded until the property is sold to a new buyer. Perhaps you or Town Counsel can explain to me in more detail what exactly you mean "affixing" the agreement to the deed. I do not know who North Andover Town Counsel is or I would pursue this matter directly with him or her . I appreciate your continuing cooperation . As you know, this is a matter of some urgency to Mr . & Mrs . Powell and they are ver anxious Y that this agreement be finalized so they can proceed with the remo- deling of the recreation room in the basement. Very truly yours , Andrew F.. Shea , Esq AFS:bps This lacstmlle transmission and any accompanying documents contaln legally privileged confidential Information. The InlurlrAllon Is Inlended Only for the uee of the reclplent narned above. It you are not an Intended reelplem, you are hereby notified than Piny dlecloaure, eopylnq. dlstrlbullon or ertplohation at, or the laking of any aellon In talion a on, tho contentp of INN 1ed41mllo it prehfbliod, If you havta received 11119 18G91mlle In error, please notify us Immedlalety by telephone. FROM PETERS TRAVEL CENTER O FAX N0. : 0 Jul. 27 2000 02:38PM P3 A G R E E M E N T This is an agreement made this day of: , 2000 by and between Robert Powell, Jr . and JoAnne Powell (hereinafter called the "Owners" ) of North Andover , Massachusetts and the Board of Health of the Town of North Andover, Massachusetts (hereinafter called the "Board" ) which shall be binding on future owners . In consideration of the mutual covenants described herein, the parties agree as follows . Whereas the Owners desire to finish a recreation room in the basement of their home at 59 Rocky Brook Road, North Andover, Massachusetts and are required to obtain a building permit from the Town of North Andover for said purpose. Whereas the Board has determined that the septic system servicing the said subject premises has inadequate leaching capacity under current local septic regulations and Title v of the State Environmental Code requirements to serve the existing dwelling . Further, the Owners , having been informed of the inadequacy of the current septic system are desirous of completing the recreation room and understand and agree that the septic system must be upgraded before the property can be sold. Now, therefore, the Owners agree and represent to the town of North Andover, more specifically, the Board of Health, that they will have soil tests performed and a septic design created so that they may obtain estimates for the necessary upgrading of the septic system. The Owners agree to complete the upgrade of the septic system within a reasonable period of time not to exceed five ears , or, if the pro- perty P perty is placed under real estate agreement for sale, the Owners will escrow 125% of the estimate for the upgrade of the septic system and the Buyer will undertake the upgrade as required by Title V and according to the approved plan of record on file with the Board of Health. In order to ensure notification to prospective Buyers,. this agreement shall be affixed to and filed with the Deed to 59 Rocky Brook Road, North Andover, Massachusetts . IN WITNESS WHEREOF the parties have signed their hands and seals this day of 2000 . BOARD OF HEALTH BY: Owner Owner. FROM *`PETERS TRAVEL CENTER O FAX NO. Jul. 27 2000 02:39PM P4 COMMONWEALTH OF MASSACHUSETTS Essex, ss; 2000 Then personally appeared the above named Robert Powell, Jr . and JoAnne Powell and acknowledged the foregoing as their free act and deed before me . Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, as; 2000 Then personally appeared the above named authorized signer for the Board of Health and acknowledged the foregoing instrument to be the free act and deed of said Board . Notary Public My Commission Expires : i i page 2 I FROM PETERS TRAVEL CENTER FAX NO. Jul. 27 2000 02:29PM P1 LAW OFFICES Greeley & Shea Attorney Andrew F. Shea 2 Punchard Avenue Andover, MA. 01810 DATE: July 27 , 2000 Tel # (978) 475-9445 TO: North Andover Board Of Health Fax#(978) 475-5294 Attn: Sandy Starr FAX # ( 978) 688-9542 # OF PAGES FROM: 1Q "Orel 4044ifor 99.$Iwo RE: Powell - 59 Rocky Brook Rd. Dear Sandy, In response to your fax dated July 26 , 20004. 1 have made the requested amendments to the proposed agreement and I am faxing an amended copy herewith for your review and aprproval. I have read your fax rand the new final paragraph you have requested) concerning affixing the agreement to the deed. As the agreement is notarized by both parties I believe the agreement is recordable at the Registry of Deeds in Lawrence. Further, a marginal reference to the deed to Mr. & Mrs. Powell can also be requested and placed on the record books . However, a new deed will not be recorded until .the property is sold to a new buyer. Perhaps you or Town Counsel can explain to me in more detail what exactly you mean "affixing" the agreement to the deed. I do not. know who North Andover Town Counsel is or I would pursue this matter directly with him or her. 1 appreciate your continuing cooperation. As you know, this is a matter of some urgency to Mr. & Mrs. Powell and they are very anxious that this agreement be finalized so they can proceed with the remo- deling of the recreation room in the basement.. Very truly yours, Andrew F.. Shea, Esq APS-.bps TMs facsimile transmission and any accompanying documents contain legally privileged confldeMlal information. The Information Is Intended on for the use of the recipient n hr � anted above. p you are aot an Intended reoiplAM.you are hereby notified that any disclosure. copying, distribution or exploitation of, or the laking of any action In reliance on, the contents of Ms.faceimUe is prohibited. If you have recoivoo iMU iscolmne in error, please nottly us kmnedlately by telephone. i 27 Charles Street North Andover,MA 01845 Telephone#(978)688-9540 North Andover, Fax#(978)688-9542 • • - Fax#(978)688-9542 • • of Health Fci x:: To: From: Fax: 476 - CI `1 Pages: Phone: Date: Re: CC: 1 ❑ Urgent fd For Review ❑ Please Comment ❑ Please Reply, P y ❑ Please Recycle • Comments: � Q i r - .� FROM PETERS TRAVEL CENTER FAn NO. u1. 27 2000 02:30PM P3 COMMONWEALTH OF MASSACHUSETTS 2000 Essex, ss; Then personally appeared the above named Robert Powell, Jr. and JoAnne Powell and acknowledged the foregoing as their free act and deed before me. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss; 2000 Then personally appeared the above named authorized signer for the Board of Health and acknowledged the foregoing instrument to be the free act and deed of said Board, Notary Public My Commission Expires: page 2 FROM PETERS TRAVEL. CENTER FAX NO. �ul. 27 2000 02:30PM P2 A G R E E M E N T This is an agreement made this day of , 2000 by and between Robert Powell, Jr. and JoAnne Powell (hereinafter called the "Owners") of North Andover, Massachusetts and the Board of Health of the Town of North Andover, Massachusetts (hereinafter called the "Board" ) which shall be binding on future owners. in consideration of the mutual covenants described herein, the parties agree as follows. Whereas the Owners desire to finish a recreation room in the basement of their home at 59 Rocky Brook Road, North Andover, Massachusetts and are required to obtain a building permit from the Town of North .Andover for said purpose. Whereas the Board has determined that the septic system servicing the said subject premises has inadequate leaching capacity under current local septic regulations and Title V of the State Environmental Code requirements to serve the existing dwelling. Further, the Owners, having been informed of the inadequacy .of the current septic system are desirous of completing the recreation room and understand and agree that the septic system must be upgraded before the property can be sold. Now, therefore the Owners re agree and resent to the town of North g P Andover, more specifically, the Board of Health, that they will have soil tests performed and a septic design created so that they may obtaim estimates for the necessary upgrading of the septic system. The Owners agree to complete the upgrade of the septic system within a reasonable period of time not to exceed five years, or, if the pro- perty is placed under real estate agreement for sake, the Owners will escrow 125% of the estimate for the upgrade of the septic system and the Buyer will undertake the upgrade as required by Title V .and according to the approved plan of record on file with the Board of Health. In order to ensure notification to prospective Buyers, this agreement shall be affixed to and filed with the Deed to 59 Rocky Brook Road, North Andover, Massachusetts. IN WITNESS WHEREOF the parties have signed their hands and seals this day of 2000. BOARD OF HEALTH BY Owner Owner A G R E E M E N T This is an agreement made this / 5� day of /7'U� t)S , 2000 by and between Robert Powell , Jr. and JoAnne Powell (hereinafter called the "Owners" ) of North Andover, Massachusetts and the Board of Health of .th-e Town of North- Andover, Massachusetts '(herie nafter called the "Board"-) which shall.:be. binding on future owners . In consideration of the mutual covenants described herein, the parties agree 'as follows . Whereas the Owners desire to finish a recreation room in the basement of their home at 59 Rocky Brook Road, North Andover, Massachusetts and are required to obtain a building permit from the Town of North Andover for said purpose. whereas the Board has determined that the septic system servicing the said subject premises has inadequate leaching capacity under. current local septic regulations and Title V of the State Environmental Code requirements to serve the existing dwelling. Further, the Owners , having been informed of the inadequacy of the ,© current septic system are desirous of completing the recreation room and understand and agree that the septic system must be upgraded before the property can be sold. _ �?z°:_ ,1 sti%� fir;�•"z3 Now, therefore, the Owners agree and represent to the town of North Andover, more specifically, the Board of Health, that they will have soil tests performed and a septic design created so that they may obtain estimates for the necessary upgrading of the septic system. The Owners agree to complete the upgrade of the septic system within a reasonable period of time not to exceed five years , or, if the pro- perty is placed under real estate agreement for sale, the Owners will escrow 125% of the estimate for the upgrade of the septic system and the Buyer will undertake the upgrade as required by Title V and according to the approved plan of record on file with the Board of Health. In order to ensure notification to prospective Buyers , this agreement shall be affixed to and filed with the Deed to 59 Rocky Brook Road, North Andover, Massachusetts . IN WITNESS WHEREOF the parties .have signed their hands and seals this f�rjt day of 0 J 2000 . BOARD OF HEALTH BY Owner Owner CD f COMMONWEALTH OF MASSACHUSETTS Essex, ss; 2000 Then personally appeared the above named Robert Powell, Jr , and JoAnne Powell and acknowledged the foregoing as their free act and deed before me. J .. Notary Public My Commission Expires : ar� as ,Qkt COMMONWEALTH OF MASSACHUSETTS Essex, ss; •/� 2000 Then personally appeared the above named j'}j- )D)P-@ , authorized signer for the Board of Health and acknowledged the foregoing instrument to be the free act and deed of said Board. NotarYPublic- My Commission Expires : '' i•, Page 2 f� CA 4a r' ESSEX NORTH REGISTRY OF DEEDS LAWRENCE, MASS.- - -(10 A TRUE COPY: AT TEST! . REGISTER OF DEED OCT-21-1900 05:17 20 Main Street, Andover, MA 0i,HY0, Tel: 978-749-8999,Pax: 978-470�•*�E-Mail.hctap@a hon.net Serving Andover, Dracut, Methuen, Middleton, North Andover and TonsJceld FAX COVER SHEET FROM: SUBJE ti . NUMBER Or P AGES: (including cover street) C) I MAY - 4 _ t I North Andover Health Dept.. • 27 Charles Street North Andover,MA 01845 • Tel. 978-688-9540 Fax 978-688-9542 facsimile ft-ansmittal To: Atty.Andy Shea Fax: 978-475-5294 From: Sandy Starr Date: 08/01/00 Re: . 59 Rocky Brook Rd Pages: 1 CC: [Click here and type name] ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle In a word,yes. Please record the document and certify same to the Board of Health and then it's a go.'Thanks . . . . . . . . . . . . . . . . . . . . . . . . . FROM PET-RS TRAVEL CENTER FAX NO. Aug. 01 2000 02:02PM 21. U ,''amu L/ I VU_ , I hV1 1_(0) LAW OFFICES Greeley & Shea Attorney Andrew F. Shea 2 Punchard Avenue Andover, MA. 01810 DATE: August 1, 2000 Tel # (878) 475-9445 TO: North Andover Health Dept. Fax#(978) 475-5294 Attn: Sandra Starr F-AX # (978) 688-9542 # OF PAGES—]— FROM: AGES_„FROM: Ammer RE: Powell - 59 Rocky Brook Rd. Dear Sandra, Thank you for your fax of earlier this morning. I refer you to my fax dated July 27, 2006. Briefly, I am suggesting that the signed and notarized "Agreement" be recorded at the Registry of Deeds in. Lawrence. Any potential buyer will have an attorney do a title search and the name of Powell will appear in the grantor index and the buyer and his attorney will have knowledge of the agreement with the Board of Health. In addition,' as I suggested,. a reference can be made by the Registry of Deeds in the margin of the recorded deed which Mr. & Mrs . Powell received when they bought the property. This will be further assurance that the buyer and the title attorney will have knowledge of the agreement with the Board of Health. in short, you and I are agreeing on the same thing but we are using different .language. hope I sincerelyAthat we are now in agreement about the document and the recording and the agreement can be executed, finalized and recorded. Please let me know if you wish me to do the recording and certify the recording information to the Board of Health. Thank you for your continuing cooperation in this matter. Ver truly your , APS.-bps An re S a, Esq. . This 1". a le tranandaslon and any aeeompanyIng doovmonte eontatn 18980Y.P1 confidential I tormatlon. The Mallon Is Nttended only for(he ueA of the reelplenl named above. M you are not an Intended recipient,you are horeby nottned thtt any disclosure, copytn9• dlstrnwtkm or exptoAarion of.or the taking of any aotion In rellance on,the contents of thlo trosimm Is pronlbBed, h you have recelved thta facelmlie in error. please nooy us mmeamoy.by, telephone.