HomeMy WebLinkAboutTitle 5 Enforcement Order - Correspondence - 166 GRANVILLE LANE 3/16/2022 Commonwealth of Massachusetts
W City/Town of North Andover
Title 5 Enforcement Order
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N
Form 8
DEP has provided this form for use by local Boards of Health if they choose to do so.
A. Enforcement Information
Town of North Andover
FROM Name
Louis G. Maglio Jr. and Marilyn R. Maglio Irrevocable Trust
TO Name
March 16, 2022
Date of Issuance
166 Granville Lane
On-Site System Location(Street Address)
North Andover MA 01845
City/Town State Zip Code
Address of Owner(if different from location):
N/A
Street Address
N/A N/A N/A
City/Town State Zip Code
Telephone Number
Extent and Type of Activity in Violation of the State Environmental Code, 310 CMR 15.000 (Title 5):
Multiple pumping reports have been received noting runback from the leaching field. To this date, no
Title 5 Inspection has occurred despite requests for this to happen from Health Department. In a letter
dated 8/26/2020 it was ordered that a Title 5 Inspection be completed within 30 days. No inspection
was ever completed to this date.
B. Determination
North Andover Health Department
Approving Authority
Has determined that the activity described above is in violation of the State Environmental Code, 310
CMR 15.000, because:
❑ The system is failing to protect public health and the environment. Date
❑ The system has not been maintained in accordance with the
Certificate of Compliance issued on: Date
❑ The system is being installed or was installed in noncompliance with
the Disposal System Construction Permit issued on: Date
® Other(specify):
Failure to obtain a Title 5 Inspection per 310 CMR 15.301(9)within initial time frame given.
t5form8.doc•06/03 Enforcement Order•Page 1 of 2
Commonwealth of Massachusetts
W City/Town of North Andover
Title 5 Enforcement Order
'GSM
Form 8
DEP has provided this form for use by local Boards of Health if they choose to do so.
C. Enforcement Order
North Andover Board of Health
Approving Authority
Hereby Orders pursuant to M.G.L. c. 111, sec. 124, the following action:
Contract a licensed Title 5 Inspector to conduct an inspection of the septic system located at 166
Granville Lane no later than March 31st, 2022.
Describe required compliance and specify provision of Title 5 or local regulation to be complied with:
Have a system inspection conducted by a licensed Title 5 Inspector in North Andover no later than
3/31/2022 per 310 CMR 15.301(9).
Failure to comply with this Order may constitute grounds for legal action. M.G.L. c. 21A, sec. 13
provides: "Local Boards of Health shall enforce [the Environmental] Code in the same manner in
which local health rules and regulations are enforced."
M. G. L. c. 111, sec. 31 provides: "Whoever, himself or by his servant or agent, or as the servant or
agent of any other person or any firm or corporation, violates any reasonable health regulation, made
under authority of this section, for which no penalty by way of fine or imprisonment or both, is
provided by law, shall be punished by a fine of not more than two hundred dollars."
Every day in which said violation continues shall be considered a separate offense.
Appeals from Determinations by Local Approving Authority (310 CMR 15.421)
"Any person aggrieved by any order, variance, issuance or denial of a Disposal System Construction
Permit, Local Upgrade Approval or Certificate of Compliance issued by a local approving authority
may appeal to any court of competent jurisdiction as provided for by the laws of the Commonwealth
of Massachusetts."
Stephen Casey Jr.
Issued By:
Louis G. Maglio Jr. and Marilyn R. Maglio Irrevocable Trust
For:
Y;�,X ��
Signature 11
t5form8.doc•06103 Enforcement Order•Page 2 of 2
North Andover Health Department
Community and Economic Development Division
Date: 8/26/2020
Address: 166 Granville Lane
RE: Leach field runback
Dear Homeowner:
Based on a recent pumping record completed on November 1,2019, and submitted to the North
Andover Health Department on December 10,2019, it was noted that the septic system on your
property is experiencing leach field runback. After examining multiple pumping records dating
back to October24,2017,it appears that this system experiencing leach field runback is a
reoccurring issue. Run back from the leach.field reoccurring is normally a sign that your septic
system is failing, and with a system.that was installed in 1976 it is more than likely the system
will need replacing.
Therefore your system must either be inspected by a licensed Title 5 Inspector within 30
days of receiving this letter,or you must contact one of the licensed Title 5 Installers and
licensed engineers to have them begin designing a new system.Attached is a list of Title 5
Septic Inspectors permitted with the North Andover Health Department. Also attached is a list of
licensed engineers and sanitarians in Town.Please contact the North Andover Health
Department at the number below with any questions.
Sincerely,
StepheifCasey Jr.
Health Inspector
Office: (978) 688 9540
Ene: Title 5 inspectors list
Engineer and sanitarian list
Installers list
Page 1 of l
North Andover Health Department, 120 Main St.
North Andover,MA 01845 Phone: 978.688.9540
.41i
North Andover Health Department
Community and Economic Development Division
.Date: December 20,.20.19
i
Address.: 166 Granville Lane
RE: Septic system issue
Dear Homeowner,
Based on a recent pumping record completed on November 1,2019,and submitted to the North Andover
Health Department on December. 10,2019,it was noted that the septic system on your property is
experiencing leach field runback.After examining multiple.pumping records dating back to.October 24,
2017, it appears that this system experiencing leach field runback is a reoccurring issue..Run back from
the leach field reoccurring is normally a sign that your septic system is failing,and with.-a system that was
installed in 1976 it is more than likely the system will need replacing.
Please either have your system inspected by a licensed Title 5 inspector within 30 days of receiving this
letter,or contact one of the licensed Title 5 installers and licensed engineers to have them begin designing
a now system..Attached is a list of Title 5 septic inspectors that are permitted through the North.Andover
Health Department.Also attached is a fist.of licensed.engineers and sanitarians in Town.Please contact
the North Andover Health Department at the number below if you have any questions.
Sincerely,
Stephen Casey Jr.
Health Inspector
Encl. Title V Inspector list
Engineer and sanitarian list
lostallers list
Bk 14380 P:91a7 -�R-2{`o-177
(Space above this Line Reserved for Registry of Deeds)
MASSACHUSETTS QUITCLAIM DEED
We,Louis G. Maglio,Jr.,and Marilyn R. Maglio,husband and wife, of North Andover,Essex
County,Massachusetts for consideration paid and in full consideration of less than One Hundred and
no 00/100($100.00)Dollars, and other good and valuable consideration, grant to Christina M.
Maglio,Trustee of the Louis G. Maglio, Jr. and Marilyn R. Maglio Irrevocable Trust dated
September 2, 2015 and Certificate of Trust recorded herewith and prior hereto in the Northern
Essex Registry District having an address of 166 Granville Lane,North Andover,Essex County,
Q Massachusetts with QUITCLAIM COVENANTS,the following:
2
<(' A certain parcel of land with the buildings thereon,situated in said North Andover, and
being shown as Lot #31 on Granville Lane, on a plan entitled:
"Definitive Subdivision of Salem Forest for George H. Farr by Frank C.
Gelinas" dated May 1975, recorded with Essex North District Registry
of Deeds as Plan No. 7401, to which plan reference is hereby made for
a complete description of the premises herein conveyed.
2 Said Lot #31 contains one (1) acre more or less, according to said plan.
V Said premises are conveyed together with the right to use Granville Lane
for all purposes for which public ways are now or hereafter used in North
V Andover, Massachusetts.
Said premises are conveyed subject to the taxes for the current municipal
year which the grantees herein assume and agree to pay.
Reserving to the Grantors, LOUIS G MAGLIO, JR. and MARILYN R. MAGLIO, however, a life
estate in the above said premises during the remainder of their lifetime,during which time the said
Louis G Maglio, Jr. and Marilyn R. Maglio shall have the exclusive right to occupy the premises, to
a
lease, let or license the same, and she shall be entitled to all rents, fees or profits generated from said
life estate, but without the right to partition. During said Grantors' lifetime, they shall bear the cost
of all insurance, maintenance, fees, charges and expenses relating to the premises and they shall pay
J all taxes assessed or imposed with respect thereto, and all principal and interest on any mortgages
V thereon. No notice to, or assent by, the Grantee in this instrument or her assigns shall be necessary
o in connection with any exercise of the rights retained by Grantors in this instrument.
Being the same premises conveyed to the grantors by deed of John Grasso, President of Grasso
Construction Co., Inc, dated February 18, 1977 and recorded in Essex Northern District Registry of
Deeds Book 1302, Page 708.
NO TITLE SEARCH WAS REQUESTED OR PERFORMED
WITNESS our hand and seal this&' day of September,2015
aLG. Maglio, Jr.
.
Marilyn R aglio
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. September ,2015
On this 4day of September, 2015, before me a Notary Public for the Commonwealth of
Massachusetts,duly commissioned and sworn, personally appeared Louis G. Maglio,Jr. and Marilyn
R. Maglio,proved to me on the basis of satisfactory evidence, namely, Massachusetts driver's
license,to be the persons whose names are subscribed to the within instrument, and acknowledged to
me that they executed the same as their free act and deed.
sey A. Ba
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RAM$, y A. SAHRAWY My Commission Expires 12/24/2021
Nolary Public
COMMONWEALTH OF MAswHusETTS
MY Qcrrsnicsion Expires
BbftMb*r 24, 2021