Loading...
HomeMy WebLinkAbout2015-09-24 Board of Health Agenda Packet i North Andover Board of Health Meeting Agenda I'liti rsday, September 24, 201 7:00 p.m. 120 Main Street,2"d Floor Selectmen's Meeting Room North Andover, MA 01845 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS IV. APPROVAL OF MINUTES Meeting minutes from June 25,2015 and August 27,2015 to be presented for signature. V. OLD BUSINESS VL NEW BUSINESS A. 155 Boston Street—Stewart Allan, owner of 155 Boston Street,violation of Mass DEP Environmental Code regarding a failed subsurface disposal system that has exceeded the allowed time for replacement. VIL. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT 2015 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant l t North Andover Health Deportment Community and Economic Development Division September 15, 2015 Stewart Allen 155 Boston Street North Andover, MA 01845 Dear Mr. Allen, Please be advised that you have been placed on the September 24, 2015 Board of Health agenda, for the purpose of consideration of action to be taken for continued violation of the MA DEP Environmental code. The subsurface disposal system at 155 Boston is in failure and has been since the property was purchased in December of 2003. The Health Department has been working with you for over a decade to have this system repaired. You have engaged an engineer, there has been soil testing and two separate septic designs completed and approved for installation at 155 Boston Road. This is a significant investment by you. As you are aware,the permit extension act allowed the septic plan approval for 155 Boston Street to be extended to September 2015. Unfortunately, the system has not been installed to date and the Board must determine if there is sufficient evidence to; - issue of a monetary fine - Require alteration of the onsite system to prohibit effluent from entering the leaching area; such as requiring the placement of a high water alarm in your tank and plugging the outlet of the tank itself, which would make it a"tight tank". - take legal action At the meeting on September 24th, you will be given the opportunity to provide evidence or explain such to the board to explain why you have not complied with the requirements of the state code. The meeting commences at 7:00 and will be held at the North Andover Town Hall at 120 Main Street; 2nd Floor selectmen's conference room. r7 Aderely, t ' Sig ichele Grant . Public Health Inspector Xe: File 1600 Osgood Street,Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com I i North Andover Health Deportment Community Development Division October 23, 2014 Stewart Allen 155 Boston Street North Andover, MA 01845 Dear Mr. Allen, The Health Department recently received complaints of odors within the vicinity of your property. As you are aware, the permit extension act allowed the septic plan approval for 155 Boston Street to be extended to September 2015. This extension would not apply if it is found that your system is causing any nuisance or hazard due to overflow of the system. Your file shows that your system was pumped in October of 2013, and that it was "over full". This information supports that you may be in active failure. Please have your tank pumped immediately. It appears that this system will need continual monitoring and pumping. Please submit an agreement between you and a septic pumper, noting that you will have it pumped monthly or as needed. It would be the preference of this office that you pursue the actual repair of the system rather than spend finances on tank pumping,however the pumping will alleviate the environmental hazard if one exists. If you have contracted with a licensed installer to get this system repaired, please submit proof of when this installer is planning on doing the installation. I appreciate your anticipated compliance;however, if voluntary pumping of your system does not occur, this matter will be placed on the agenda of the Board of Health for discussion. The BOH could consider requiring the placement of a high water alarm in your tank and plugging the outlet of the tank itself,which would make it a"tight tank". Sincerely, Silsan Y. Sa erAHS/RS Public Health Director Cc: File 1600 Osgood Street,Bldg 20 Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com I V 'xmmmuw�w. RE"CEI I'� il% lS 2014 IOVW�4 U- 155 Boston St. . u North Andover, MA 01845 Oct. 31s'. 2014 Dear Ms Sawyer, Further to your recent letter to us regarding our septic system, please be advised as follows. My Mother and Father live in that property. We did have the septic system pumped out last October. So two people, in a 3 bedroom house have been using a 1,000 gallon septic system for twelve months. On receipt of your letter, my Father and I inspected the septic tank only to find that the cement cover had broken and fallen into the tank. We looked into the tank with a high powered lamp and found it to hold very little solids, mostly grey water. We immediately re-sealed the tank and covered the lid with fresh cement to guarantee a good vapor seal. See photo attached. Ms Sawyer, to accommodate you request, I will have the grey water in the tank pumped again and submit a certificate to you however, I am convinced that any odor was coming from the broken tank lid. Yes, it is definitely our intention to have the system replaced this coming Summer. Cordially Stewart J. Allen o. • North Andover Health Department Community Development Division August 29, 2012 Stewart Allen 155 Boston Street North Andover, MA 01845 Dear Mr. Allen, The Health Department has received your request of extension in the matter of the septic system replacement at 155 Boston Road. Having reviewed the file it must be noted that this septic system was found in failure in 2006. It is also noted that your file does not have any pumping slips indicating that you have pumped your septic tank lately. This is important information in making a decision. You are correct that the current plan for repair was approved in September of 2011, but it has been six years since the Title V report was done and you are clearly in violation with the MA DEP Regulation requiring repair within 2 years. This would generally end in a denial of your request; however, the Health Office has also recently been notified by the Town's Attorney of a recent act of legislature, the "Permit Extension Act" of 2012. This act extends permits automatically for four years; hence your permit is technically now good until September of 2015. There are few exceptions that could reduce this extension but protection of the public health is one of those instances. A breaking out, failed system would be a cause to bring this matter before the Board of Health,therefore an inspection will be conducted at your home in the near future. If evidence of breakout is found upon the inspection you will have to attend a Board of Health meeting to discuss the issue. If not, you will not need to attend a meeting and your system will be expected to be installed before the expiration of September of 2015. I also recommend you have your system pumped annually and submit any pumping information you may have showing recent pump outs, as we will be checking on the system on occasion. Sincerel , /Auian Y. Sawy,„�-, REH /RS Public Health Director Xc: File 1600 Osgood Street,Bldg 20 Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com I Ms. Susan Sawyer (JG 28 20 IZ Director North Andover Health Dept. TOWN OF NOR TH ANDOVEJA C.G. Mr. Thomas Trowbridge Chairman Dear Ms. Sawyer, I have an application on file with North Andover Health Dept for the installation of a new septic system at my home at the above address. The application is due to expire in September 2012. I am the owner of the property, which was the house I grew up in,however it is presently occupied by my parents, Ma,-tin&Anne Allen. The septic system dial not pa>s its last inspection and was classified as "failed'. It was my full intention to replace the entire septic system this summer; however, due to my business being slow this was not financially possible. I am requesting a 12, month extension to the project. An Engineer(Richard Tang:ird) was hired and he drew up plans for the system which was duly accepted and approved by the Health Dept. I also interviewed and secured a contractor to do the project( Jim Kellett& Co. ). Although classified as failed, the system is working perfectly and has not shown any signs of breaking ground. I would be obliged if the Bo,,ird would consider my request for an extension tc: this project. Cordially, Owner 155 Boston St. North Andover, MA 0 1845 j • I North Andover Health Department Community Development Division September 30, 2011 Martin Allen 155 Boston Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan for 155 Boston Street, Map 107A,lot 226, North Andover,Massachusetts Dear Property Owner, The North Andover Board of Health has completed the review of the septic system design plans for the above referenced property, submitted on your behalf by Richard Tangard,P.E., dated July 25, 2011, last revised September 19, 2011. The design has been approved for use in the construction of a replacement onsite septic system for a three-bedroom (seven room total) design at 330 gallons per day. Generally this plan would be good for three (3)years from the date of approval,however since this repair is the result of a Title V report failure,this system must be completed within one (1)year. During this time, a licensed septic system installer must obtain a permit and complete this work, and a Certificate of Compliance be endorsed by the installer, designer and the Town of North Andover. In the event an imminent health problem such as sewage backup into the dwelling is occurring,the North Andover Board of Health may reduce the time period for which this plan is valid. Note that the 2011 septic season will close November 30,2011.No permits will be given out after November 15, 2011. This includes the approval of local upgrades 1) This plan includes a local upgrade approval allowing a single test pit within the system area rather than two test pits. Please retain the included form. 9B for your records. 2) A reduction in offset distance between a foundation and a leach bed from 20 feet to 17 Page 1 of 2 North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688,8476 155 Boston Street September 30, 2011 3) A reduction in offset distance between the bottom of the leach field and the water table from 4 feet as required to 3 feet. This approval is also 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(3 10 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. 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 S, is an Y. Saw REHV,��,S Public Health Nrector cc: Richard Tangard, P.E. file encl: DEP form 9b Page 2 of 2 North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 I {f 1 Commonwealth of Massachusetts t City/Town of Local Upgrade Approval Form 913 M DEP has provided this form for use by local Boards of Health if they choose to do so. The Local Upgrade Approval is to be completed by the local Board of Health and a signed copy provided to the system owner. A. Facility Information Important:When filling out forms 1. Facility Name and Address on the computer, use only the tab Martin Allen key to move your Name cursor-do not 155 Boston Street use the return key. Street Address North Andover MA 01845 rQ City/Town State Zip Code 2. Owner Name and Address (if different from above): Name Street Address City/Town State Zip Code Telephone Number 3. Type of Facility(check all that apply): ❑ Residential ❑ Institutional ❑ Commercial ❑ School 4. Design flow per 310 CMR 15.203: 330 gpd 5. System Designer: Richard Tangard ® PE ❑ RS Name 33 Pillings Pond Road Lynnfield MA 01941 Address City/Town State,ZIP B. Approval 1. Local Upgrade Approval is granted for: ❑ Reduction in setback(s)—specify: ❑ Reduction in SAS area of up to 25%: SAS size,sq.ft. %reduction 155 Boston Street form 9b 9.28.11.doc-rev.7/06 Local Upgrade Approval, Page 1 of 2 Commonwealth of Massachusetts City/town of Local Upgrade Approval Form 913 B. Approval (continued) ❑ Reduction in separation between the SAS and high groundwater: Separation reduction 1 ft. Percolation rate min./inch Depth to groundwater 3 ft. ❑ Relocation of water supply well (explain): ❑ Reduction of 12-inch separation between inlet and outlet tees and high groundwater ® Use of only one deep hole in proposed disposal area ❑ Use of a sieve analysis as a substitute for a perc test List local variances granted not requiring DEP approval per 310 CMR 15.412(4): To allow use of test pits over 2 years old. List variances granted requiring DEP approval: North Andover Health Dept Approving Authority " Susan Sawyer, Health Dir. tea,. "` 9/30/11 Print or Type Name and Title ' Si nature '' -- Date 155 Boston Street form 9b 9.28.11.doc•rev.7/06 Local Upgrade Approval* Page 2 of 2