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Home My WebLink AboutHealth File - Miscellaneous - 101 CRICKET LANE 10/28/2019 Curran, Bernadette From: Robirra Hendley[rubinahendley@yahoo.com] Sent: Sunday, January 06, 2008 4:04 AM To: cdoherty@andoverliving.com Cc: Santilli, Ray; Daley, Lincoln; Hmurciak, Bill; Curran, Bernadette Subject: [BULK] 120 Cricket Ln, NA Importance: Low Dear Mr Doherty, As displayed above, I have copied this communication to various departments at the Town of North Andover, for reasons that will become evident below. I am co-owner, with my husband Willis, of 101 Cricket Ln, which is the pale grey house diagonally across from #120. Our home, as well as#120, is part of the Walnut Ridge subdivision. I wish to make you aware of a potentially serious problem at#120 that appears to have put a cloud on the title to that property, of which I believe you(or the homeowners) may not be aware. It is similar to a problem that occurred at our property, that affected not just us, but also the homeowner adjacent to us at#115, and cost both sets of homeowners (via our respective RE attorneys) considerable expense and inconvenience to correct. The primary culprits(sadly,there is no better way to describe them) involved in this mess that we faced include the Town of North Andover,the developer(s)of the subdivision, and the land engineers for the subdivision. I have decided to bring the situation to your attention as a result of a series of events over a period of five years that recently culminated in a prospective buyer directly asking me if I was aware of"any problem" with#120. I answered in the affirmative, and whether or not you have a personal or business relationship with any of the public or private entities involved, you and the homeowners,to whom you owe a fiduciary duty, need to know. The situation at#120 has remained both unaddressed, uncorrected, AND concealed for long enough, despite the fact we have alerted officials within the town on numerous occasions both verbally and in writing. Ours were not mere unsupported allegations; they were backed up with full support from documents from the public record for this subdivision, as well as relevant state/local regulations, and confirmed to us by numerous respected RE attorneys, including that for the homeowner who recently contacted me; as well as by other land engineers. Recently, we had two prospective buyers contact us (by initially knocking on our door)regarding properties that are currently for sale in the newer end of our street. Both buyers asked if we would be willing to talk to them about the neighborhood, and we let them know we would be glad to let them have our impressions. One of these buyers was interested in#93 (adjacent to our house), and spoke with my husband; the second in#120, who spoke with me. This latter buyer informed me he had "heard" we had had "problems" that the town had made us correct, at which point I informed him I was only willing to talk to him if he allowed me to place the whole trauma we endured into context, and not based on any gossip, nor piecemeal information he had received. He indicated he was willing to do this because, as he informed me, he wondered why there were three properties (#93, #120, and#144) all remaining unsold for many months in our street, that he did not believe was just due to a depressed market. I informed him that although there were homeowners with potential serious uncorrected problems in the subdivision, our investigations had revealed that#93 and#144 did not appear to be affected, but that#120 was. i �s I also detailed how unconscionable events within the town(documented incompetence, documented negligence, and our direct exposure to serious ethical misconduct)prevented us from occupying our property for five years, during which we also discovered the town's failure to act upon potentially serious deviations from approved plans/regulations adversely affected other homeowners in this subdivision, of which the developer(s)and various licensed contractors, including the land engineers, are also aware. To cut a long story short,this is the source of the problem that we believe still exists at#120: it involves the septic system grading easement appurtenant to #110 that is located on#120. Reasons for the problem: 1. This septic easement is deeded for use by#110 in connection with the installation, repair, and maintenance of the septic system located on#110, and associated grading and re-grading, which may involve the addition and/or movement of soil; 2. A large portion of this septic easement falls right over the existing driveway for#120; 3. Since#110 is at a considerably higher elevation than#120, use of the septic easement as deeded could result in a significant section of the driveway for #120 being submerged/altered, thus making the current access to the garage(s)restricted, or inaccessible; 4. The septic easement for#110, as well as for other properties in Walnut Ridge, were recorded at Northern Essex Registry of Deeds, Plan#13636; this plan being a bare-bones one depicting lot lines and easement locations only, and conveniently excluded actual structures (such as houses, driveways) on any of the lots; 5. It was mandatory for these septic easements to be disclosed and depicted on the Definitive Plan(and other required plans) submitted for evaluation at the pre-approval stage for this subdivision---for obvious reasons that I will not labor to explain; 6. 5 above was never done by the developer(s),nor their land engineers; 7. Various town depts were aware of the existence of these septic easements, but none questioned why they did not appear on the Definitive Plan; 8. Construction then proceeded at all lots; 9. Numerous septic easements became compromised as a result of ostensibly permanent structures being located on them; 10. Numerous other significant deviations from the so-called approved plans occurred, such as those involving elevations and locations of structures; 11. Numerous significant deviations from accepted land(and septic) engineering practice also occurred; 12. The land engineers, and other licensed contractors, had a professional responsibility to inform/alert various town officials of significant deviations,but there is no public record for many (if not most) of the significant deviations that occurred(however, we directly learnt that one significant deviation reported to a senior official at the town was concealed by this official); 13. Town officials had a responsibility to ensure the developer(s) and other licensed parties followed approved plans (even though the so-called approved plans were fundamentally flawed by the omission of the septic easements), but instead allowed various significant deviations to remain unaddressed and uncorrected; 14. Town officials were supposed to remain impartial and objective, but we have personal experience and evidence of bias and favoritism towards the developer(s) in particular; 15. We have informed countless officials at the town specifically with regard to the non-disclosure of these easements, and of their being compromised thereafter, but have never received any acknowledgment of any kind to our concerns; these officials included Ms Rosemary Smedile,the Town Manager's office, the former Director of Community Development, various former Directors of Planning, the former Chairman of the Planning Board, the former Building Inspectors, DPW, Health, and Conservation. 2 i This communication to you has been at great personal expense to me, since I, more so than my husband,have suffered considerable retaliation at town level. This will, no doubt, continue to be the case,but I remain undaunted. In conclusion, I am glad to report there have been some personnel changes for the better within the town. If you care to follow up the situation at#120, I recommend speaking to the new head of the Building dept, Mr Brown, whom I have found to be professional, and considerate. Sincerely, Rubina Hendley _.�-------- Never miss a thing. Make Yahoo your homepage. 3 Page 1 of 2 DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, May 11, 2007 11:41 AM To: DelleChiaie, Pamela Subject: FW: Walnut Ridge subdivision fyi -----Original Message----- From: Sawyer, Susan Sent: Friday, May 11, 2007 8:32 AM To: Curran, Bernadette Subject: RE: Walnut Ridge subdivision B, I suggest before you do anything with this, that you forward it to Ray. He was designated the point person for all communications regarding 101 Cricket Lane. Susan -----Original Message----- From: Curran, Bernadette Sent: Thursday, May 10, 2007 2:52 PM To: Sawyer, Susan Subject: Walnut Ridge subdivision Importance: Low Hi Susan; Yes, Rubina is back...... If you get a moment, could you look over the below e-mail and let me know the best answer I could provide to her. All the happenings at this address happened long before I came into the picture at ComDev. Not sure if the best advise I can give her is for her to come in and view the files herself, or if perhaps I should not encourage her to come anywhere near the office??? not sure.... Please advise... Thanks.. Bernadette -----Original Message----- From: Rubina Hendley [mailto:rubinahendley@yahoo.com] Sent: Thursday, May 10, 2007 12:40 PM To: Curran, Bernadette Subject: [SPAM] Walnut Ridge subdivision Importance: Low Dear Mr Curran: I am the co-owner of 101 Cricket Lane in the above subdivision. 4/24/2008 Page 2 of 2 I would appreciate receiving the following information described below with respect to the above subdivision, which I requested on numerous occasions, both in person and in writing,to your predecessor, who declined for reasons never explained to provide to me. Please note,there are deeded septic grading easements for nine of the ten new- construction properties, appurtenant to each and located on the adjacent property, Plan#13636,recorded on Dec 16, 1999. I also have a copy of the subdivision's Definitive Plan#13447,recorded on April 18, 1999, and this plan does not reference any of the septic easements presumably because, according to the date mentioned above, said easements had not been devised, or disclosed. I double-checked at the Lawrence registry of deeds for an update to the Definitive plan that depicts these easements, but had no luck fmding one. I assume a Definitive plan exists depicting these easements, and I would appreciate any relevant information so that I can get a copy from the registry. I would also like to be directed to which public files for the subdivision (planning, board of health, building, etc)have the information regarding the submission and approval processes for these easements. Thank you for your help in this matter. Sincerely, Rubina Hendley Ahhh...imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. 4/24/2008 Page 1 of 2 DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, May 11, 2007 11:41 AM To: DelleChiaie, Pamela Subject: FW: Walnut Ridge subdivision fyi -----Original Message----- From: Sawyer, Susan Sent: Friday, May 11, 2007 8:32 AM To: Curran, Bernadette Subject: RE: Walnut Ridge subdivision B, I suggest before you do anything with this, that you forward it to Ray. He was designated the point person for all communications regarding 101 Cricket Lane. Susan -----Original Message----- From: Curran, Bernadette Sent: Thursday, May 10, 2007 2:52 PM To: Sawyer, Susan Subject: Walnut Ridge subdivision Importance: Low Hi Susan; Yes, Rubina is back...... If you get a moment, could you look over the below e-mail and let me know the best answer I could provide to her. All the happenings at this address happened long before I came into the picture at ComDev. Not sure if the best advise I can give her is for her to come in and view the files herself, or if perhaps I should not encourage her to come anywhere near the office??? not sure.... Please advise... Thanks.. Bernadette -----Original Message----- From: Rubina Hendley [mailto:rubinahendley@yahoo.com] Sent: Thursday, May 10, 2007 12:40 PM To: Curran, Bernadette Subject: [SPAM] Walnut Ridge subdivision Importance: Low Dear Mr Curran: I am the co-owner of 101 Cricket Lane in the above subdivision. I would appreciate receiving the following information described below with respect to the above subdivision, which I requested on numerous occasions, both in person and in writing, to your predecessor, who declined for reasons never explained to 5/11/2007 Page 2 of 2 provide to me. Please note,there are deeded septic grading easements for nine of the ten new- construction properties, appurtenant to each and located on the adjacent property, Plan#13636, recorded on Dec 16, 1999. I also have a copy of the subdivision's Definitive Plan#13447, recorded on April 18, 1999, and this plan does not reference any of the septic easements presumably because, according to the date mentioned above, said easements had not been devised, or disclosed. I double-checked at the Lawrence registry of deeds for an update to the Definitive plan that depicts these easements,but had no luck finding one. I assume a Definitive plan exists depicting these easements, and I would appreciate any relevant information so that I can get a copy from the registry. I would also like to be directed to which public files for the subdivision(planning, board of health, building, etc)have the information regarding the submission and approval processes for these easements. Thank you for your help in this matter. Sincerely, Rubina Hendley Ahhh...imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. 5/11/2007 DelieChiaie, Pamela From: Sawyer, Susan Sent: Friday, May 11, 2007 11:40 AM To: DelleChiaie, Pamela Subject: RE: a goal I forgot about In late June I have to update my online goals. -----Original Message----- From: DelleChiaie, Pamela Sent: Friday, May 11,2007 11:28 AM To: Sawyer,Susan Subject: RE: a goal I forgot about Importance: High Okay- When is your due date for this goal (to turn something in)? -----Original Message----- From: Sawyer,Susan Sent: Friday, May 11, 2007 10:33 AM To: DelleChiaie,Pamela Subject: FW: a goal I forgot about Importance: High Please don't let me forget this. Can we schedule some time to figure out what would help best when you are not around? thx. S -----Original Message----- From: DelleChiaie, Pamela Sent: Wednesday,April 18, 2007 4:14 PM To: Sawyer,Susan Subject: RE: a goal I forgot about Importance: High I have a booklet of position duties, and what is done, but I do not have a "how to" guide book. Do you want the booklet in the meantime (done on 6/14/04)? -----Original Message----- From: Sawyer,Susan Sent: Wednesday,April 18, 2007 4:05 PM To: DelleChiaie, Pamela Subject: a goal I forgot about The Health Director will work with the Administrative Assistant to produce a sample book of misc. administrative duties that could arise at times the Administrative Assistant is ill or on vacation for extended periods of time. Any thoughts on this? Susan Current status, I put, in progress 1 DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, May 11, 2007 11:40 AM To: DelleChiaie, Pamela Subject: RE: a goal I forgot about In late June I have to update my online goals. -----Original Message----- From: DelleChiaie, Pamela Sent: Friday, May 11,2007 11:28 AM To: Sawyer,Susan Subject: RE: a goal I forgot about Importance: High Okay- When is your due date for this goal (to turn something in)? -----Original Message----- From: Sawyer,Susan Sent: Friday, May 11, 2007 10:33 AM To: DelleChiaie, Pamela Subject: FW: a goal I forgot about Importance: High Please don't let me forget this. Can we schedule some time to figure out what would help best when you are not around? thx. S -----Original Message----- From: DelleChiaie, Pamela Sent: Wednesday,April 18, 2007 4:14 PM To: Sawyer,Susan Subject: RE: a goal I forgot about Importance: High I have a booklet of position duties, and what is done, but I do not have a"how to" guide book. Do you want the booklet in the meantime (done on 6/14/04)? -----Original Message----- From: Sawyer,Susan Sent: Wednesday,April 18, 2007 4:05 PM To: DelleChiaie, Pamela Subject: a goal I forgot about The Health Director will work with the Administrative Assistant to produce a sample book of misc. administrative duties that could arise at times the Administrative Assistant is ill or on vacation for extended periods of time. Any thoughts on this? Susan Current status, I put, in progress 1 'Townof • Andover Health Department u.w.- Town of North Andover Invoice No. 9/5/2006 1600 Osgood Street Bill To Lynch,Brewer, Hoffman&Fink Building 20;Suite 2-36 Address Attn: Rebecca Ellis North Andover,MA 01845 101 Federal Street,22nd Floor 978.688.9540-Phone Boston,MA 02110 Web Site- www.townofnorthandover.com Phone 617.951.0800 Fax E-Mail- healthdeot(cDtownofnorthandover.com E-Mail 978.688.8476-Fax Deposit Received $0.00 Invoice Subtotal $51.00 Due upon receipt Tax Rate Invoice Total $51.00 Total Amount Due $51.00 Amount Paid Date Description 9/5/2006 Complete File Copy of 101 Cricket Lane $51.00 I�Received by: Signature: Print Name: 1 Subtotal $51.00 Tax $0.00 Total $51.00 Thanks for letting us serve you! Amok r., r :Townof • rth Andover Health Department xw•• Town of North Andover Invoice No. 1/20/2006 400 Osgood Street Bill To PIERCE, DAVIS&PERRITANO Address Attn:John Davis North Andover,MA 01845 10 Winthrop Square 978.688.9540-Phone Boston, MA 02110 Web Site- www.townofnorthandover.com Phone 617.350.0950 Fax E-Mau- healthdeot(cD.townofnorthandover.com E-Mail 978.688.8476-Fax Deposit Received $0.00 Invoice Subtotal $51.00 Due upon receipt Tax Rate Invoice Total $51.00 Total Amount Due $51.00 Amount Paid Date Description 1/20/2006 Complete File Copy of 101 Cricket Lane $51.00 Received by: Signature: Print Name: Subtotal $51.00 Tax $0.00. Total $51.00 Thanks for letting us serve you! i dam�,•��:,��"mo�o 'Town of North Andover Department t' Town of North Andover Invoice No. 12/9/2005 400 Osgood Street Bill To Albert P. Manzi,III Address Attorney At Law North Andover,MA 01845 24 Main Street 978.688.9540-Phone North Andover, MA 01845 Web Site www.townofnorthandover.com Phone 978-681-6618 Fax 978-681-6628 t-Mail- healthdeptCcD_townofnorthand over.com E-Mail AttyManziQManzilaw.net 978.688.8476-Fax Deposit Received $0.00 Invoice Subtotal $51.00 Due upon receipt Tax Rate__ Invoice Total $51.00 Total Amount Due $51.00 Amount Paid Date Description 12/9/2005 Complete File Copy of 101 Cricket Lane $51.00 Received by: Signature: Print Name: Subtotal $51.00 Tax $0.00 Total $51.00 Thanks for letting us serve you! —� :,Oak RECEIVED — JUL 1 8 2006 PIERCE, DAVIS & PERRITANO, LLP COUNSELLORS AT LAW TOWN OF N.'RTH.ANDOVER u�c ... _.-11MENT Joel F.Pierce Kip J.Adams--- — John J.Davis* TEN WINTHROP SQUARE Patrick D.Banfield Judith A.Perritano BOSTON,MA 02110-1257 Mia Baron John J.Cloherty III* John . Felice TELEPHONE(617)350-0950 David C.Hunter t Daniel G. Skrip FAcsuAmE (617)350-7760 Michael D.Leedberg• Robert S.Ludlum to Of counsel: Julia C.Martinescu* Gerald Fabiano Terrence D.Pricher Jeffrey M.Sankey* David G.Schwartz July 17,2006 Adam Simms t *also admitted in RI ♦als dmitted in PA Ms. Sandra Starr a so a miffed in NY 0 also miffed in CT 22 West Street Georgetown, MA 01833 Re: Willis Hendley, et al. v. William Sawyer, et al. R Essex Super. Ct., C.A.No. 05-01540 Our File No.: 164-0403748 N Dear Ms. Starr: As I mentioned today,please find enclosed a copy of the Clerk's Notice which confirms that the Superior Court(Kottmyer,J.)has granted our motion to dismiss the plaintiff's complaint against you. The Clerk's Notice allows for an amended complaint to be filed by July 30,2006,provided that it"details with specificity the contents of any misrepresentation(s)made by[you],the date(s)of such misrepresentations were made, etc. . . ." Considering that you told me that you never met with or spoke to the Hendleys prior to the closing on 101 Crickett Lane,it seems unlikely that the Hendleys can in good faith comply with the Court's Order concerning their filing of an Amended Complaint. Nonetheless,we will contact you promptly if and when we receive an Amended Complaint which names you as a defendant. Please do not hesitate to contact us with any questions or concerns. Very truly yours, PIERCE,DAVIS&PERRITANO,LLP Adam Simms AS/mm Enclosure cc: Ms. Susan Sawyer Daniel S. Morrison, Esq. i i CL ,monwealth of Massachuselllook RECEIVED County of Essex The Superior Court JUL 18 2006 ANDO Civil Docket ES 'VS2( D9 1'.i40 :yLTER RE: Hendley et al v Sawyer et al TO: John J Davis, Esquire Pierce Davis & Perritano 10 Winthrop Square 5th Floor Boston, MA 02110-1264 CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 06130/2006: RE: Defendant Sandra Starr's MOTION to Dismiss w/supporting memorandum is as follows: MOTION (13#41) the motion to dismiss on statue of limitations grounds is ALLOWED, provided that leave is given to plaintiffs to file an amended complaint within 30 days of this order that details with specificity the contents of any misrepresentation(s) made by Starr, the dates of such misrepresentation(s) were made and the facts alleged to constitute reliance on the misrepresentation(s). A responsive pleading will be due 10 days after any amended complaint is filed. (Diane M. Kottmyer, Justice). Notices mailed 7/3/2006 Dated at Lawrence, Massachusetts this 30th day of June, 2006. Thomas H. Driscoll Jr., Clerk of the Courts BY: Philip Massa Assistant Clerk Telephone: (978) 687-7463 Copies mailed 07/03/2006 cvdresult 2.wpd 633033 mottext sullkell .O'� r DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Wednesday, December 14, 2005 11:54 AM To: Bellavance, Curt Cc: Sawyer, Susan Subject: 101 Cricket Lane Importance: High Hello Curt, Susan asked me to let you know that Mark Rees sent over a revised Disclosure form which indicated the following comments: "Susan Sawyer, her staff or contractors employed by the Town of North Andover shall not conduct any inspections at 101 Cricket Lane. Community Development Director will arrange for another Town's inspector to conduct all future inspections at this site." Upon review of the file, the status is that this property location needs the following work done to be considered as having a completed, acceptable septic system in the Town of North Andover(these are standards that all septic systems in Town must comply with): 1. A Final Grade Inspection needs to be completed -this includes checking that the site complies with the Final As Built plan, as well as being Loamed and Seeded and covered according to the approved plan. This inspection needs to be requested by Joseph R. (Buddy)Watson, the septic installer hired by Mr. & Mrs. Hendley. If he needs to be contacted for any reason, he can be reached at: 978.475.3262; Address: 43 Lowell Junction Road, Andover, MA 01810. 2. An Installation Certification Form needs to be submitted to the Health Department by the engineer completed and signed by both the engineer and the installer certifying proper installation of the system. 3. A Final "As Built" plan needs to be submitted by the engineer. Note: A Certificate of Compliance will not be issued by the Health Department until these items have been submitted and completed. Please note that the Health Department has an additional full copy of this file if you wish to review it at any time. Please let u's know if you need any further information or assistance on this application. $as!Ragazds, Pal*Aea D000040AW10 Health Department Assistant Town of North Andover 400 Osgood Street North Andover,MA o1845 978.688.9540-Phone 978.688.8476-Fax http://www.townofnorthandover.c6m healthdept@townofnorthandover.com 1 ..► r DelleChiaie, Pamela From: Sawyer, Susan Sent: Wednesday, December 14, 2005 12:10 PM To: DelleChiaie, Pamela Subject: RE: 101 Cricket Lane think you have the final as-built in the file. Don't know about the cert. form thx -----Original Message----- From: DelleChiaie, Pamela Sent: Wednesday, December 14, 2005 11:54 AM To: Bellavance,Curt Cc: Sawyer,Susan Subject: 101 Cricket Lane Importance: High Hello Curt, Susan asked me to let you know that Mark Rees sent over a revised Disclosure form which indicated the following comments: "Susan Sawyer, her staff or contractors employed by the Town of North Andover shall not conduct any inspections at 101 Cricket Lane. Community Development Director will arrange for another Town's inspector to conduct all future inspections at this site." Upon review of the file, the status is that this property location needs the following work done to be considered as having a completed, acceptable septic system in the Town of North Andover(these are standards that all septic systems in Town must comply with): 1. A Final Grade Inspection needs to be completed -this includes checking that the site complies with the Final As Built plan, as well as being Loamed and Seeded and covered according to the approved plan. This inspection needs to be requested by Joseph R. (Buddy)Watson, the septic installer hired by Mr. & Mrs. Hendley. If he needs to be contacted for any reason, he can be reached at: 978.475.3262; Address: 43 Lowell Junction Road, Andover, MA 01810. 2. An Installation Certification Form needs to be submitted to the Health Department by the engineer completed and signed by both the engineer and the installer certifying proper installation of the system. 3. A Final "As Built" plan needs to be submitted by the engineer. Note: A Certificate of Compliance will not be issued by the Health Department until these items have been submitted and completed. Please note that the Health Department has an additional full copy of this file if you wish to review it at any time. Please let us know if you need any further information or assistance on this application. 8agf Ro#ozds, Pa�waBa DaBBaL�!liQia , Health Department Assistant Town of North Andover 400 Osgood Street North Andover,MA o1845 978.688.9540-Phone 978.688.8476-Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com 1 , �. '/ok Mill River consulting Your complete source for on-site wastewater management RECEIVED November 7, 2005 NOV - 9 2005 TOWN OF NORTH ANDOVER Susan Y. Sawyer, REHS/RS HEALTH DEPAFrTMENT Health Director North Andover Health Department 400 Osgood Street North Andover, Massachusetts 01845 RE: Septic System Repair Inspection, 101 Cricket Lane, Map 107A, Lot 286 Dear Ms. Sawyer, Mill River Consulting performed a final construction inspection for the repair to the soil absorption system at 101 Cricket Lane on November 1,2005. Construction was performed by Joseph R. (Buddy)Watson. The plan date was 11/24/2003,and the BOH approval date on the plan was 12/16/2003. During our inspection,we verified that the length of the trench addition was per plan,that appropriate stone was used in the trench, and that the pipe elevations of the addition provide proper fall from the existing distribution box to the tie-in to the existing leaching line. The following elevations were recorded at the site: Distribution box outlet 198.01 (Used as base elevation) Start of lateral 197.79 End of Addition 197.71 End of Lateral 197.47 Please feel free to contact me should any questions arise. Sincerely, �'/ Andrew McBrearty J Project Manager (� 2 Blackburn Center, Gloucester, Massachusetts 01930-2259 1-800-377-3044 or978-282-0014 0 Fax 978-282-0012 info@millriverconsulting.com 0 www.millriverconsulting.com November 7,2005 Susan Y. Sawyer,REHS/RS Health Director North Andover Health Department 400 Osgood Street North Andover,Massachusetts 01845 RE: Septic System Repair Inspection, 101 Cricket Lane,Map 107A,Lot 286 Dear Ms. Sawyer, Mill River Consulting performed a final construction inspection for the repair to the soil absorption system at 101 Cricket Lane on November 1,2005. Construction was performed by Joseph R.(Buddy)Watson. The plan date was 11/24/2003,and the BOH approval date on the plan was 12/16/2003. During our inspection,we verified that the length of the trench addition was per plan,that appropriate stone was used in the trench,and that the pipe elevations of the addition provide proper fall from the existing distribution box to the tie-in to the existing leaching line. The following elevations were recorded at the site: Distribution box outlet 198.01 (Used as base elevation) Start of lateral 197.79 End of Addition 197.71 End of Lateral 197.47 Please feel free to contact me should any questions arise. Sincerely, Andrew McBrearty Project Manager DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, November 01, 2005 2:39 PM To: 'Daniel Ottenheimer(E-mail)'; 'Lisa LeVasseur(E-mail)'; 'McBrearty Andrew(E-mail)' Subject: 101 Cricket Lane- Final Inspection Can you do this one also when you are here for Foster Street? Thank you. Buddy Watson is the installer: 508.932.3204 $lost Ropazds, PwfwloBw Alf"10611.410 Health Department Assistant Town of North Andover 400 Osgood Street North Andover,MA o1845 978.688.9540-Phone 978.688.8476-Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com DelleChiaie, Pamela From: Sawyer, Susan Sent: Tuesday, November 01, 2005 12:29 PM To: DelleChiaie, Pamela Andy and Dan will be at the Cape as well. So in case of an upset person, here are a couple of thoughts. 1) If a tank bottom is being requested. Suggest they take a picture and send it in for the file or they can back fill all but one side so that we may see the stone base at the next inspection. 2) You can check with Lisa about scheduling Andy on Friday for any finals. I don't know their availability. If 50 Sherwood calls for a final, I will take care of that one myself. I can do 101 Cricket as well, if Mill River can't. Should be an easy one. Be carful with Boston and Gray. They can be pushy. Call us. Don't give out any permits to them. That is all I can think of now. Thanks for holding the fort down. S Susan Sawyer, R.S. Public Health Director office 978 688-9540 fax 978 688-8476 i Memorandum FILE To: Lincoln Daley,Town Planner Michael McGuire,Building Insp. Alison McKay, Conservation Administrator Bill Hmurciak,DPW Director Tim Willett,Director of Sewer and Water CC: Curt Bellavance,CD&S Director Ray Santilli,Asst. Town Manager Human Resources Director From: Susan Sawyer,Health Director Date: 10/5/05 Re: 101 Cricket Lane To all Department Heads listed above, The Health Department is in the process of assisting Mr. and Mrs. Willis Hendley,the owner's of the property listed above,complete corrections to their septic system. The intention of the owners is to occupy this property in the near future. The septic system approval letter sent from the Health Office on December 16,2003 states that. "it is the responsibility of the applicant and/or the applicant's septic system designer, septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission,Zoning Board,Planning Board,Building Inspector, Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal system Construction Permit shall not construe and/or imply compliance with any of the aforementioned requirements." The owners have stated that "It is our intent that all applicable state and municipal requirements are met. However, we are not aware of any additionall or unusual requirements that fall into this category and request that the Town of North Andover notify us if it is aware of any that fit this description.". The Health Office is not aware of any conditions that may affect the corrections needed on the septic system,however in an effort to assist in bringing this project to completion it was prudent to let each department know that these owners have intention to complete this site. Beyond the septic issues there may be other areas that need to be addressed by the owners regarding your respective departments. This letter serves as a request for each department to check your files and determie whether or not there remain any outstanding issues that may need attention/or correction prior to the 1 October 5, 2005 homeowners receiving there occupancy permit. If you are aware of any other departments within the town that may not have been included in this memo,but may have issues,it is requeted that you pass this memo on to the appropriate persons. Please address any issues relating to 101 Cricket Lane that you may find outstanding to: Willis&Rubina Hcldlcy 105 Rolling Ridge Lane Methuen,MA 01844 Thank you 2 Awe,-�/ TOWN OF NORTH ANDOVER f Noe*H Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT ~ ' 400 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 's=nc►«i5•t 978.688.9540—Phone Susan Y. Sawyer,REHS/RS 978.688.8476—FAX Public Health Director E-MAIL: healtlidept r)townofnorthandovcr.com WEBSITE: http:Hw%Nw.townofnorthandover.com October 4, 2005 Willis&Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844 Re: 101 Cricket Lane Dear Mr. and Mrs. Hendley, This correspondence is in regards to your property listed above. The Health Department has received your correspondence dated September 25, 2005 in response to the approval letter sent by Heidi Griffin sent December 16, 2003. On a point by point correlation to your letter, the Health Department acknowledges agreement with your comments with the following items: # 1, #3, #5, #6, #7 and #8. In regards to#2, please see the attached memo sent to all land use and public works department heads. It is this office's anticipation that each department head that has concerns with regard to this parcel will contact you directly if necessary. In regards to #4, in response to your comments, a conversation was held with Mr. Neil Bateson, a licensed septic inspector and installer. He recalled conducting the system inspection that you mentioned in accordance with the Health Department's request. His records indicated that his camera identified the damaged pipe. In his professional opinion he did not see a reason to completely expose parts of a system that has not been in use as the data would be minimally useful. Mr. Bateson's record did not indicate data on the condition of the 1500-gallon septic tank nor did he recall viewing this component. He did recall the distribution box being level. It is this department's view that an observation of the distribution box and confirmation of the flow would be useful, in that if it has become unequal there is a small item that can be placed over the outlets to regulate flow. This item is inexpensive and very effective, therefore, it is determined that the requirement of the previous item 94 has been modified to require that upon installation of the pipe, the distribution box shall be exposed for the purpose of determining if speed levelers are needed to be installed. As was stated in the previous letter, please note that if you are considering installation this calendar year please note that the 2005 septic installation season closes on November 30`h. Permit issuance to install systems end November 15th. If you have any questions regarding this correspondence or any other aspect of your septic installation please contact the Health Department. Your effort to provide a properly functioning septic system for your dwelling is greatly appreciated. Since r y, S an Sawyer, REHS/RS Public Health Director Cc: Ray Santilli, Asst. Town Mgr. And Human Resources Dir. Curt Bellavance, Community Development and Services Director Enc. Memo dated Otober 4, 2005 Hendley's letter dated September 25, 2005 FILE Willis&Rubina Hendley 105 Rolling Ridge Lane Methuen,MA 01844 September 25,2005 Ms. Susan Y. Sawyer Public Health Director Town of North Andover Health Department 400 Osgood St North Andover,MA 01845 Dear Susan: Thank you for your letter of August 19�h. We have been laboring under some adversity to complete our property, and would now like to proceed with the intent of getting into the house this year. The last communication that we received from North Andover on this matter placed several requirements on us,which we believe are unwarranted and are consistent with the behavior_that has characterized our difficulties with the Town of North Andover over a period of several years. With the apparent change in personnel in the department we would like to use this opportunity to respond to these requirements and make a fresh start on getting into our home in an expedited manner. To this end in the following section we have included the original requirement from Ms Heidi Griffin,and our response. It is our hope that we can either meet to resolve these differences or receive a follow up mail from your department acknowledging our requested changes. 1. If site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation, the originally issued Disposal System Construction Permit is void, installation shall stop,and the applicant shall reapply for a new Disposal Systems Construction Permit(310 CMR 15.020(1)). Prior to commencement of the septic system repair we will retain our landscape contractors to return the site to the condition prior to the aborted attempt to implement a repair based on the previous approved repair plan, in November 2002 at which time excavation for the footings of a larger slope retaining wall was started. This excavation will be refilled, and slope returned to the approximate grade prior to commencement of work on the new approved plan. This landscaping does not consist of any work subject to Tide 5 inspection, which will be separately performed by our licensed septic installer. 2. It is the responsibility of the"licant and/or the 0 icant's sebtic rystem designer.s tic rvstem installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission, Zoning Board, Planning Board,Building Inspector,Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit shall not construe and/or imply compliance with any of the aforementioned requirements. It is our intent that all applicable state and municipal requirements are met. However,we are not aware of any additional or unusual requirements that fall into this category, and request that the Town of North Andover notify us if is aware of any that fit this description. —2— September 25,2005 3. The piping in the distribution lateral is to be comprised of Schedule 40 PVC pursuant to the regulations of the North Andover Board of Health. The piping material will be of Schedule 40 as described. 4. The entire septic ystem is to be inspected by a septic system inspector licensed by the Massachusetts Department of Environmental Protection prior to issuance of a Certificate of Compliance. Previous notice of three business days shall be provided to the North Andover Board of Health before commencement of said inspection. The inspection shall include at a minimum all components of an inspection as indicated in Title 5 plus the uncovering and exposing for visual examination of all concrete components and all piping shall be examined either remotely with camera equipment or physically exposed and visually examined. If repairs are necessary a Disposal Systems Construction Permit must be issued to a licensed Disposal Systems Installerprior to commencement of repairs, with repair inspections performed by the Board of Health. In response to some allegations by Mr. Sawyer, the system was video inspected in September 2002 by Mr. Bateson of Bateson Enterprises,in the presence of Ms. Starr (the health director at the time) and our expert - Mr. Stephen Eriksen of Norse Environmental services. Other than the known minor damage to the end of one leach pipe no other damage was found. If Ms. Starr failed to document this event, we can provide a written statement from Mr. Eriksen to this effect. We therefore believe that this requirement has already been met and does not need to be repeated. The system was inspected and passed to all except final grading(a ToNA requirement,not Title 5) during its original installation. Given the subsequent video inspection we see no reason for further inspection of the system, other than the components of the repair as part of the normal inspection process for repairs. 5. The leach stone underneath the portion of Existing Leach Trench#2 which is slated to be abandoned shall be removed and the void filled with sand meeting the specifications of Title 5 fill material. The leach stones under the abandoned section of pipe will be removed and replaced with sand as specified. 6. The locations of the property boundaries and the proposed amendment to Leach Trench#2 are to be staked by a Massachusetts Registered Land Surveyor prior to commencement of construction. The revised property line and leach trench amendments will be staked by our surveyor— Land Tech, of Westford MA - prior to the septic repair, but not necessarily prior to our landscaping cleanup of the area prior to construction. 7. The Certificate of Compliance must be signed by the designer, installer and municipal health ofcialprior to issuance of an Occupancy Permit. This will be per normal inspection and approval processes. • —3— September 25,2005 8. A more detailed plan is to be submitted showing how the retaining wall specified on the design plan will maintain compliance with 310 CMR 15.211 (1) (4)including the material of construction,placement of any necessary impervious barriers, etc. The purpose for the wall is to provide structural support for the slope—hence "retaining wall". There is no needed or intended role in the mitigation of sewage breakout. In the judgment of our septic designer, a CMR 15.255(2) compliant wall is not required, as the proposed stabilization wall is a maximum height of 2' above grade, and for 2/3rds of its total length of 35' varies between 0' - 2' high, and as such does not require any footings. As designed it plays no role in mitigating sewage breakout. Common engineering practices for this type of wall are to use a simple boulder retaining wall, although for cosmetic purposes we plan on using architectural quality concrete blocks. Additionally, there is no requirement that the wall be in any way impervious. The guideline G02-1 (in the first paragraph on page 4 of 5) makes it clear that an impervious barrier (poured concrete or otherwise) is only required when both the horizontal setback of 15' cannot be met and the side slope is steeper than 3:1. In our case we can meet the 15' setback, so this condition is not true and an impervious barrier is not required, only a stabilization wall. We hope that these responses are clear and taken in the spirit in which they are intended, namely to ensure that all appropriate Title 5 requirements for our property are met, but that no unnecessary or unsupported additional requirements are placed upon us so that we may proceed with an expedited closure of our approvals and issuance of occupancy permit. If you have any immediate or urgent concerns,I can be reached at most times on my cell phone (978 257 2636). As our landscapers, surveyors and septic repair contractors will be starting work imminently, I would appreciate that I be contacted if there are any issues, rather than have them harassed directly by your Mr. Brian Lagrasse—as was the case last time. Sincerely, di, Willis Hendley cc. Ray Santilli,Asst.Town Mgr..,HR Dir..,Interim CD&S Dir. cl, i )WN C,!,; NORTH ,k�NDOVER Office of COMMUNIT`. DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 400 OSGOOD STREE,r. NORTH ANDOVER, MASSACHUSETTS 01845 �ss�cNu4�s 978.688.9540—Phone Susan Y.Sawyer,REHS/RS 978.688.8476—FAX Public Health Director E-MAIL:healthde tatownofnorthandover.com WEBSITE• http•//www.townofnorthandover.com August 19, 2005 Willis& Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844 Re: 101 Cricket Lane Dear Mr. and Mrs. Hendley, This correspondence is in regards to your property listed above. On a routine review of open projects it was noted that this property was still outstanding. Your amended subsurface disposal system plan was approved on December 16, 2003. The Health Department file indicates that this is valid for 3 years from the date of approval and will not expire until December 16, 2006. If you are considering installation this calendar year please note that the 2005 septic installation season closes on November 301h. Permit issuance to install systems end November 15th. For your convenience I have enclosed a copy of our list of currently licensed septic installers. If you have any questions regarding this correspondence or any other aspect of your septic installation please contact the Health Department. Sinc ly, san Sawyer, R HS/R Public Health Director Cc: Ray Santilli, Asst. Town Mgr, HR Dir., Interim CD&S Dir. Enc. Septic Installers List rage i of i DelleChiaie, Pamela From: Dan Ottenheimer [info@millriverconsulting.coml Sent: Tuesday, December 16, 2003 12:20 PM To: Heidi Griffin; Brian LaGrasse; Pamela Dellechiaie Subject: 101 Cricket Lane Heidi, Brian and Pam, Attached please find a plan approval letter for the property at 101 Cricket Lane. The approval is based on several conditions which we think are prudent based on some of the confusing issues which have arisen at this parcel. Some of the approval conditions frankly would have been reasons to disapprove the design on other parcels but due to the history here we thought everyone involved would feel better about a "thumbs up" letter with conditions rather than a "thumbs down" letter. Dan Daniel Ottenheimer, President Mill River Consulting Septic System Management Services 5 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.miliriverconsulting.com info@ millriverconsultina.corn 12/16/2003 /► rk �j� —'j;ar- TOWN OF NORTH ANDOVER N0RTN Office of COMMUNITY DEVELOPMENT AND SERVICES F? b.y�- 0�p HEALTH DEPARTMENT 27 CHARLES STREET =' NORTH ANDOVER, MASSACHUSETTS 01845 ,SSACHUSt't Heidi Griffin 978.688.9540 —Phone Acting Health Director 978.688.9542 —FAX December 16, 2003 Willis&Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844 RE: Subsurface Sewage Disposal System Plan for 101 Cricket Lane, Map 107A, Lot 286, North Andover, Massachusetts Dear Mr..&Mrs. Hendley, The North Andover Board of Health has completed review of the septic system design plans for the above referenced property submitted on your behalf by Norse Environmental Services, Inc. dated November 24, 2003 and received by this office on November 26, 2003, along with a letter of amendment by Norse Environmental Services, Inc. dated December 16, 2003. The design has been approved for use in the construction of an amended onsite septic system for the existing dwelling at this site. This approval is valid for three years from the date of this letter and during this time a licensed septic system installer must obtain a permit and complete this work, and a Certificate of Compliance must be endorsed by the installer, designer and the Town of North Andover. This approval is subject to the following conditions: 1. If site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation, the originally issued Disposal System Construction Permit is void, installation shall stop, and the applicant shall reapply for a new Disposal Systems Construction Permit (310 CMR 15.020(1)). 2. It is the responsibility of the applicant and/or the applicant's septic system designer, septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission, Zoning Board, Planning Board, Building Inspector, Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit shall not construe and/or imply compliance with any of the aforementioned requirements. 3. The piping in the distribution lateral is to be comprised of Schedule 40 PVC pursuant to the regulations of the North Andover Board of Health. AlMk 4. The entire septic system is to be inspected by a septic system inspector licensed by the Massachusetts Department of Environmental Protection prior to issuance of a Certificate of Compliance. Previous notice of three business days shall be provided to the North Andover Board of Health before commencement of said inspection. The inspection shall include at a minimum all components of an inspection as indicated in Title 5 plus the uncovering and exposing for visual examination of all concrete components and all piping shall be examined either remotely with camera equipment or physically exposed and visually examined. If repairs are necessary a Disposal Systems Construction Permit must be issued to a licensed Disposal Systems Installer prior to commencement of repairs, with repair inspections performed by the Board of Health. 5. The leach stone underneath the portion of Existing Leach Trench#2 which is slated to be abandoned shall be removed and the void filled with sand meeting the specifications of Title 5 fill material. 6. The locations of the property boundaries and the proposed amendment to Leach Trench#2 are to be staked by a Massachusetts Registered Land Surveyor prior to commencement of construction. 7. The Certificate of Compliance must be signed by the designer, installer and municipal health official prior to issuance of an Occupancy Permit. 8. A more detailed plan is to be submitted showing how the retaining wall specified on the design plan will maintain compliance with 310 CMR 15.211 (1) (4) including the material of construction, placement of any necessary impervious barriers, etc. Your effort to provide a properly functioning septic system for your dwelling is greatly appreciated. The Health Department may be reached at 978-688-9540 with any questions you might have. Sincerely, Heidi Griffin, Acting Health Director encl: List of licensed septic system installers cc: file Norse Environmental Services, Inc. i OWN piF ORTH BOARD OF HEALTH Location Permit # C / Y;Y/ Food Service $ j Retail Food $ Limited Retail $ Seasonal $ Disposal Works Installers $ i Disposal Works Construction $ Soil Testing $ Design Approval Permit �S r $ Dumpster Permit / $ - i Burial Permit $ - i Swimming Pool Permit $ — Animal Permit $ Recreational Camp Permit $ - i Well Construction Permit $ Funeral Directors Permit $ Massage Establishment License $ — Massage Practice License $ --- Suntanning Establishment $ Offal/Trash Hauler $ Other 71 1 Health Agent I White - Applicant Yellow - Dept. Pink - Treasurer Town of North Andover HEALTH DEPARTMENT 27 Charles Street North Andover, MA 01845 978.688.9540 healthdep a�,townofnorthandover.com SEPTIC PLAN SUBMITTAL FORM DATE OF SUBMISSION: HOV�-MW 254 20a3 SITE LOCATION: ENGINEER: .60b(6 Lq S L421GS, H04-8 EjJV j RonEAtie-1%[i A L NEW PLANS: YES $225.00/Plan Check#: (Includes 1'(NEW PLAM and one Re-Review Only) REVISED PLANS: YES k $ 75.00/Plan Check#: qz-.-7 PNv;cv�-5 PIRA sW::,A,1,'OVd WA< ��cfl,rr�cr�y a roomed SITE EVALUATION FORMS INCLUDED: YES NO LOCAL UPGRADE FORM INCLUDED: YES NO Telephone#: 978 &LLq *64 2 Fax#: E-mail: d o!41 Q P S @ HOMEOWNER NAME: l L -1 c"+ Ake, OFFICE USE ONL Y When the submission is complete (including check): 1. ✓ Date stamp plans and letter 2. ✓Complete and attach Receipt 3. t/ Copy File; Forward to Consultant 4. Enter on Lod Sheet and Database a �4� Willis &Rubina Hendley 105 Rolling Ridge Lane Methuen MA 01844-2669 'IV Monday October 27, 2003 Raymond Santil i Delivered by Hand Assistant Town Manager Town of North Andover 120 Main Street North Andover,MA 01845 Re: 101 (Lot 2) Cricket Lane, Walnut Ridge Subdivision: Our Proposal to Address the Removal and Replacement of the Septic System at our above-referenced New-Construction Property and the Encroachment of our Deeded Septic Grading Easement Dear Mr Santilli, Further to our letter dated September 17,2003,we wish to inform you of a solution devised by us to remedy the following serious issues that have been left unaddressed and unresolved to date,namely: 1. the encroachment of a large section of the septic grading easement deeded for our use on the adjacent property, as well as a minor encroachment of a portion of the adjacent property's driveway across our property line; 2. the adverse impact to the adjacent property in the event we exercise our right to use our deeded septic easement for the purposes it is designated; 3. the removal and replacement of a significant portion of the existing septic installation at our property as outlined in our September 17 letter to you as a result of existing conditions at our property that preclude these components from complying with Title 5 setback requirements for new-construction; 4. the need for a poured-concrete septic wall in the vicinity of the property line (upon replacement of the existing system) that had never formed part of the original approved septic design at our property nor the subsequent septic installation based on it. Our solution addresses the above issues,as well as the inequitable situation in which the owners of the property adjacent to ours have full use and enjoyment of their property as well as that gained by encroachment of our easement,with the consequent negative impact on the use and enjoyment of ours. Some weeks ago,we presented this solution in the form of a proposal to the owners of the property at 115 (Lot 3) on which our easement is located and our attorney has confirmed their acceptance of the following: • removal of our entire existing deeded septic grading easement (approx 1600sf from Ms Simon's property and addition of a new small area at the street right-of-way line deeded for septic access and grading for our property; • minor adjustment of property lines between Lots 2 and 3 for a total transfer of approx 1500sf to us,with no change in frontage for either property and with associated setbacks and lot sizes meeting zoning requirements. As a result,we will be in a position to shortly submit: (a) an ANR plan prepared by a certified surveyor and Form A jointly-prepared between ourselves and the owners of Lot 3 for the property-line adjustment; (b) a septic plan for our property based on this property-line adjustment that is in the form of a repair rather than a re-design in that it Qglj involves moving one existing leach trench along its axis without the need for any poured-concrete septic wall, whilst ensuring full compliance with Tide 5 minimum requirements for new- construction with regard to all setbacks for the soil absorption system for this leach trench, as well as Title 5 minimum requirements for new-construction for the system as a whole. We trust we will receive co-operation of the various Town departments involved in our submissions so that we are able to correctly and fully comply with Title 5 compliance requirements for our new-construction property this season,weather permitting,in order to prevent our otherwise habitable property remaining unoccupied by us for the second winter/spring running. Yours s' cerely, t '�G. L'4' Willis A M Hendley Rubina Hendlev cc Mr Mark Rees,Town Manager Ms Rosemary Smedile, Chairman,Board of Selectmen Ms Heidi Griffin,Community Development Director and Acting Health Director Mr Robert Nicetta,Building Commissioner Mr Michael McGuire,Building Inspector Mr J Justin Woods,Planning Dept Director Mr Alberto Angles, Chairman,Planning Board Mr Brian LaGrasse, Health Inspector Building Dept file for 101 Cricket Lane Health Dept file for 101 Cricket Lane .M6 W-b TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 . of NORTH q R* . do Raymond T Santilli p TEL (978) 688-9516 Assistant Town Manager FAX (978) 688-9556 &Human Resources Director 9SSACHUSEt October 22, 2003 Willis & Rubina Hendley g t 105 Rolling Ridge Lane Methuen,MA 01844-2669 Dear Mr. &Mrs. Hendley: x Subsequent to the receipt of your September 17th correspondence, the Town of North Andover's septic consultant was directed to review the file for the property at 101 Cricket Lane. Enclosed please find a report from Mr. Daniel Ottenheimer of Mill River Consulting. If you have any questions and/or comments, please call me. Sincerely, 6a J.�-�� S11 ZVV- Raymond T. Santilli Assistant Town Manager &Human Resources Director Enclosure cc., Ms. Heidi Griffin, Director, Community Development& Services (w/enclosure) Mr. Brian Lagrasse, Health Department (w/enclosure) r MILL RIVER CONSULTING Septic System Management Services October 15, 2003 Brain LaGrasse Health Inspector Town of North Andover 27 Charles Street North Andover, MA 01845 RE: 101 Cricket Lane Dear Mr. LaGrasse, As requested by the North Andover Board of Health, Mill River Consulting has reviewed the file for the property at 101 Cricket Lane in order to provide guidance towards resolution of the outstanding issues. To that end we make the following observations and suggestions. 1. RETAINING WALL/GRADING The approved subdivision plan apparently contains a grading easement to allow fill material to be brought onto the adjacent parcel to meet certain requirements of the septic system design and the state regulations. Apparently a driveway now exists in this easement and the placement of fill in this location would be problematic. Based on review of the file it does appear possible for a retaining wall to be constructed which will be in compliance with state and local codes and remain entirely within the bounds of the locus property. This will reduce or eliminate a series of questions and concerns which exist about final grading, legal documentation and the ability for the adjacent property owner to utilize their driveway. Design of a poured concrete retaining wall to meet the regulatory grading requirements while staying within the property line to the North of the soil absorption system likely could be completed. State regulations allow the 10' offset from the soil absorption system to the impervious barrier and retaining wall to be reduced, without a variance, when site conditions require. After a proper design for the wall has been completed and reviewed, a Disposal Systems Construction Permit may be issued to a licensed Disposal Systems Installer to construct the wall. Inspections should be performed by the Board of Health and the designer to assure compliance with the design and regulatory requirements. Prior to construction the property line should be staked by a land surveyor, and an as-built plan of the wall and its location should be provided by the designer. Additionally, a copy of the recorded easement should be provided by the owners for the Board of Health records. 5 Blackburn Center, Gloucester, Massachusetts 01930-2259 toll free 1.800.377 3044 978.282.0014 infoga millri verconsul ting.com Adds dM� MILL RIVER CONSULTING Septic System Management Services 2. EXISTING SEPTIC SYSTEM CONDITION Letters and plan notes indicate some portions of the septic system may have been damaged. All concrete components should be exposed and visually examined, while all piping should be examined either remotely with camera equipment or physically exposed and visually examined. If repairs are necessary a Disposal Systems Construction Permit should be issued to a licensed Disposal Systems Installer, with inspections performed by the Board of Health. It is apparently already known that replacement of one of the distribution laterals will be required. 3. CERTIFICATE OF COMPLIANCE For a Certificate of Compliance to be valid it must be signed by the designer, installer and municipal health official. Upon proper completion of the wall design and construction, and the inspection and repair of the septic system components, the Town of North Andover should be able to sign the Certificate of Compliance. Based on correspondence in the file, it is unclear if the original Disposal Systems Installer would undertake such action. The former or current property owner(s)will need to work with the current or another Disposal Systems Installer to obtain the required endorsements before a legally valid Certificate of Compliance can be issued. We hope this file review and accompanying suggestions have provided the Town of North Andover with the information necessary to resolve this matter. Feel free to contact me should any additional information be necessary. Sincerely, Daaud dtt&r46na Daniel Ottenheimer President 5 Blackburn Center, Gloucester, Massachusetts 01930-2259 toll free 1.800.377.3044 978 282 0014 infogmillriverconsulting.com MILL RIVER CONSULTING Septic System Management Services the designer. Additionally, a copy of the recorded easement should be provided by the owners for the Board of Health records. 2. EXISTING SEPTIC SYSTEM CONDITION Letters and plan notes indicate some portions of the septic system may have been damaged. All concrete components should be exposed and visually examined, while all piping should be examined either remotely with camera equipment or physically exposed and visually examined. If repairs are necessary a Disposal Systems Construction Permit should be issued to a licensed Disposal Systems Installer,with inspections performed by the Board of Health. It is apparently already known that replacement of one of the distribution laterals will be required. 3. CERTIFICATE OF COMPLIANCE For a Certificate of Compliance to be valid it must be signed by the designer, installer and municipal health official. Upon proper completion of the wall design and construction, and the inspection and repair of the septic system components,the Town of North Andover should be able to sign the Certificate of Compliance. Based on correspondence in the file, it is unclear if the original Disposal Systems Installer would undertake such action. The former or current property owner(s)will need to work with the current or another Disposal Systems Installer to obtain the required endorsements before a legally valid Certificate of Compliance can be issued. We hope this file review and accompanying suggestions have provided the Town of North Andover with the information necessary to resolve this matter. Feel free to contact me should any additional information be necessary. Sincerely, Daniel Ottenheimer Daniel Ottenheimer President 5 Blackburn Center, Gloucester, Massachusetts 01930-2259 Loll free 1. 800.377. 3044 978.282. 0014 info@millriverconsulLing. com