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HomeMy WebLinkAboutMiscellaneous - 36 BEAVER BROOK ROAD 12/23/2015 (2) _ } r -, ,x- s a NO MA ZY for �s Cis f x r L V � .,.as :{� s� vs ,a p E t z.I 2f ji may. t ,� -y;, •J c rid--z ��� frr -- F gx' of ...a-. -- _ 5. _ r E Y - .dsK s Memorandum To: Sandra Starr,Health Agent CC: File From: Susan Fotd, ealth Inspector and Rrchelle Martin, Conservation Associate Date: January 8, 1998 Re: Lot 13 Evergreen Estates This memo is concerning the events of the morning of January 8, 1998. In response to a request by Sandra Starr, Susan Ford and Richelle Martin went to Lot 13 preen Estates. On the site we met Sandra Stan and George Henderson, the €'5--i4istaller. The following conditions were observed: ''' 1 I had a fresh excavation for a septic bed, There was a stone edge in the he system and piles of jagged rocks, A large chunk o f rock was sticking i } mately ten feet in, iirSS>j�{4'. J vfii',fv$.y�$5 S i :;iyi;:J?s�: zi3r:).;'•3..F.if��`iis Emit 1 `i ')e measurement from the depth of approximately 50 inches at the top of the L f ''; en off ledge to the existing grade was taken and agreed upon by the installer. indicated in the photograph. Town of North Andover, Massachusetts Form No,a f NORiH BOARD OF HEALTH • • 0����to,°1ti �y © • . 19_ n s^�CHU � DISPOSAL WORKS CONSTRUCTION PERMIT Applicant NAME ADDRESS TELEPHONE Site Location 1-6r z3 Permission is hereby granted to Construct ( ) or Repair ( } an Individual Soil Absorption Sewage Disposal System as shown on the Design Approval S.S. No. , CHATRMAN,BOARD OF HEALTH • - 9 �� Fee D.W.G No, U 5083723960 APG P02 C14RISTIANSEN & SERGI, NC• PoPISSIONA(.ENGINEERS AND LAND SU (608)973-0310 FAX:(5013}372-3560 160 SUMMER StREE7 14AVERHILI.MASSACHIISETrS 81630.6318 necember 1$,199 Ms. Sandra Star Board of Health Administrator Community De'velopmenl and Services 30 School St. North Andover MA 01845 Dear Sandy: i had discusser'with you f am redesigning the septic system for lot 13 As ou at our earliest convenience. i to Evergreen Estates and would like ion in the field a that the trees can be clearer tic system have marked the redesigned loca that the trees have been cleared from the p Additionally,it is my understanding elrtest interest is presently on dot 13 and I area of tot l 1.1t seems that Mt.Coxilliar&s be calk g you the bottom of bed excavation shortly. expect he or his excavator T don't know the schedule for the excavation of lot l L V rely Christianselt Town of North Andover uaRrN OFFICE OF -- ��ob'{••• ,•1�oe COMMUNITY DEVELOPMENT AND SERVICES 1; 30 School Street ►ir'+,« � WILLIAM J.SCOTT North Andover,Massachusetts 01845 c►+us���a Director December 16, 1997 Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Dear Phil: On November 14, 1997,a limited permit for the excavation of the bed bottom on Lot 13 Evergreen Estates was.issued to George Henderson. This permit was not exercised. On November 181h based on the approved plans and the fact that the time for work on septic systems was nearing its close, the North Andover Board of Health granted an extension so that the bed bottoms of Lot 11 and Lot 13 Evergreen Estates could be excavated and inspected for bedrock outcrops. The purpose of these inspections was to determine whether the lots were appropriate for the installation of septic systems at the approved locations. On December 10, 1997 another limited permit was issued to George Henderson for the excavation of the Lot 13 Evergreen Estates leach area. This permit was again not exercised because,according to Mr. Henderson,you told him to stop work on the lot. On December.16, 1997 a limited permit was issued to George Henderson for the excavation of the Lot I lEvergreen Estates leach area. An appointment was scheduled for that morning. A call came into the office stating that this lot was not being excavated,again because you told Mr.Henderson to discontinue work on the loot. This department has made every effort to facilitate the excavation and assessment of these two lots on Evergreen Estates within the extension period granted by the Board. At this point 1 would appreciate a written update and status report from you on these two lots that I can present to the Board. If you wish to attempt bed bottom excavations on these two lots before the normal installation season in the spring•of 1998 I must hear from you before December iO, Please fax a reply to 978-688-9542. Sincerely, Sandra Starr,R.S. Health Administrator Cc: Al Couillard Wm. Scott,Dir.CD&S M.Howard, CC Adm. K, Colwell,Town Planner BOH File - CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover NORTH OFFICE OF ��0'�t%A COMMUNITY DEVELOPMENT AND SERVICES 30 School Street , North Andover,Massachusetts 01845 Wl1LI4,M J.SCOTT SsA UST.t Director December 4, 1997 Al Couillard DECM 8ssex,Inc. 660 Rogers Street Lowell,MA 01852 Dear Mr.Couillard Mr.Michael D.Howard,North Andover Conservation Commission Administrator,has just apprised me that the wetlands affecting the septic system on Lot I I Evergreen Estates is a certified vernal pool. Under 310 CMR 15.211 of the State Environmental Code Title 5:Minimum Requirements for the Subsurface Disposal of Sanitary Sewage the minimum distance of a leach area to a certified vernal pool is 100 feet. There are two possible avenues for action at this point: 1. Under 310 CMR 15.211(2) hydrogeologic data acceptable to the Board of Health can be submitted which demonstrates that the location of the septic system is hydraulically .. downgradient of the vernal pool. - 2, Apply for a waiver from 310 CMR 15,211 from DEP for the lesser distance to wetlands. Until one of the procedures outlined above has been successful,or this office is notified by Mr. Howard thaf Conservation has no issue with the lesser distance to wetlands as previously approved by the Board of Health,there will be no nennits issued.,and there can be no excavation of any kind on this Please keep me apprised of your progress with this lot, Sincerely, Sandra Starr,R.S. Health Administrator Cc: BOH M.Howard,CC Adm. Phil Christiansen G.Henderson W,Scott,Dr.CD&S - File CONSERVATION-(978)688 9530 • HEALTH-(978)688.9540 • PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover, Massachusetts Form No.s 4 BOARD OF HEALTH NORTH Ot <`,n r 7,t A DISPOSAL WORKS CONSTRUCTION PERMIT sswcH%j 6e,Applicant ,�'� Y ' l TELEPHON NAME ADDRESS Site.Location - �3 47 ,fee n--1 Permission is hereby granted to Construct ( ) or Repair an Individual Soil Absorption Sewage Disposal System as shown on the Design Approval S.S. No. bS /7 7 ;,{{',;;,�' :;: ,lJ.'s,.• .j CHAIRMAN,BOARD OF HEALTH Fee D.W.C. No. 98' s .1 :• r.• •r r - •;E Town of North Andover, NoRTk OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street "�':�" North Andover,Massachusetts 01845 �cHUy�t�g WELLIAM J.SCOTT Director November 25, 1997 Ms. Leah Basbanes --- Basbanes Associates 39 Hardy Street Dunstable, MA 01827 RE: NOTICE OF INTENT-Lot#13 Beaver Brook Road @ Evergreen Estates. Dear Ms. Basbanes: This Department is in receipt of the above referenced Notice of Intent(NOD application. As you are aware, a public hearing has been scheduled for Wednesday, December 3, 1997 at 8:00 p.m. at the DPW building on Osgood Street. I have conducted a preliminary review of the application and I offer the fallowing comments: 1. As explained to me by yourself, Basbanes Associates was asked by the applicant to re-delineate the wetland resource area"because the flags were missing." In essence, your action has resulted in a re-delineated wetland not yet approved by the North Andover Conservation Commission (NACC). Current rules and regulations governing wetland delineation's do allow for an applicant to delineate (or in this case re-delineate) under any application whether through a RDA or NOI, However,wetland series"T" is.a vernal pool certified by the Massachusetts Natural Heritage and Endangered Species Program'. Vernal pools are a unique and rare wetland class which are inhabited by several species of wildlife totally dependent on vernal pool habitat for their survival. The limit and/or extent of valued habitat applicable to this resource area is clearly defined by the original wetland delineation. In accordance with a previous decision rendered by the NACC, I will recommend to the board that they deny your proposal to reduce the size of the resource area (i.e. vernal pool). My reasoning is 1 CertiKcatioxx#1005(8/13/96), 2 DEP#242-836: Lot#5 Pheasant Brook Road CONSERVATION-(978)688 9530 ` HEALTH-(978)688-9540 ` PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 ` *ZONING BOARD OF APPEALS-(978)688-9541 0 *146 MAIN STREET clearly described in prior correspondence3 and, as such, I will refrain from further justification at this time. The key component is available habitat whether upland or wetland. 2. As a general comment, the'Massachusetts Surface Water Quality Standards identify vernal pools as Outstanding Resource Waters. This makes them subject to protection from adverse discharges (313 CMR 4.04(3) and 4.06(2)),and requires a 401 Water Quality Certificate for fill or direct discharge. In addition, recent changes to Title V mandate a 100' setback from certified vernal pools(50' down gradient).-Also under Title V,it states that if the location of a wetlands boundary is in dispute,it will be determined by the local Conservation Commission rather than by the Board of Health.The Notice of Intent indicates that Board of Health approval has been obtained and, as such,I have informed Sandy Starr of my findings. Unfortunately this sensitive wetland is now impacted by construction approved for Lot#11 but I failed to recognize that fact prior to the Board of Health granting a waiver of the 100'setback. I will defer to Sandy's judgement on Lot #13 but I will strongly recommend that no further waivers be granted under Title V, -- 3. The following resource areas identified at Evergreen Estates are certified vernal pools: Series T,Series W,Series Z and Series C. 4. Please submit a revised plan to this Department no later than Monday, December 1s, 1997 depicting the original wetland delineation w/ the following note added within the limit of series"T": Certified Vernal Pool (#1005). I was previously unaware that wetland series"T"was certified as a vernal pool and, as such, I was in error when I stated that this Department would consider a"minor" setback waiver of the 50' No-Construction Zone. Vernal pools have unique environmental attributes and the NACC will not be inclined to grant waivers of the North Andover Wetland ByLaw and Regulations. 5. The report included with the NOI indicates a 35' No-Disturbance Zone and a.44' No-Construction Zone yet the submitted plan indicates otherwise. With the assumption that this-was,included in error, I will remove if from the application. I trust that this correspondence will suffice, however,if you have any questions or concerns please do not hesitate to contact me. 3 Correspondence dated 12/3/96 addressed to Mr.Phil Christiansen from Michael D.Howard. Your anticipated cooperation is appreciated. Sincerely, Michael D. How Conservation Administrator CC: NACC DEP-NERD Al Couilliard Phil Christiansen,P,S Sandy Starr,BOH Agent Town of North Andover, Massachusetts Form No,a Hoerrr BOARD OF HEALTH '19 97 -... :� DISPOSAL WORKS CONSTRUCTION °w ss�CHUSt N PERMIT } Applicant NAME ADDRESS TEUEPHONE `-- =r} Site Location j:,`YS_°.,•,:5 Permission is hereby granted to Construct � ti { } or Repair ( ) an Individual Soil Absorption r Sewage Disposal System as shown on the Design Approval S.S. No. 's C �p/,e &.s CHAIR N. BO RD OF HEA ': ; , Fee 9� - _ _ •-- - .. - .:!t.:.•._iFHTST:�:.J+'F't.'Y�yt:=�'iil _ _ G• 1 _ _ _ '•-Jim`' - r - F. .J !�.+ '-:.l• � y.• `-:'S 3'`:cr•..•';h-i,:r:.. ,,,,IIii__:{:x:.it :Y'•Y .t�" ''i:' ':,:�" �-:i•.� ••'W`. - .?� •,C. ,'jr...:� .1:.� 'J'u. v£�'ii;e5f.t•� _ .:j.y SSy ...54r ?'c�$'-.a.3 d:Y.�v.: {.-. - x_17',. ';'}y.� :1 v..1.. 1'f-t,, t r• •. r'- ti— - -t• - • $i "S _ f •I I age 5 nutes: September 26, 1996 ARIANCE REQUEST-LOT 9 PHEASANT BROOK ROAD-EVERGREEN_ TATES- CHRISTL4NSEN&SERGI. �I Phil Christiansen from Christiansen& Sergi was present and requested to come before Board for the following variances from the Town of North Andover's Minimum requirements for the Subsurface Disposal of Sanitary Sewage: 1. North Andover Regulation - Section 2.14.4 - Minimum Capacity. The R variance request is to allow for the minimum capacity of the disposal system to be reduced from the required 660 gallons per day to the design flow of 440 gallons per day, s 2. North Andover Regulation - Section 2.14 -Sewage Flow Estimates. The variance requested is to allow for the estimated daily flow per bedroom to be reduced from the North Andover requirement of 165 gallons per day to the.Tftle V requirement of 110 gallons per day, n a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously `grant the two variances to the North Andover's Local Regulations, Section 2.14.4 • inimum Capacity and Section 2.14- Sewage Flow Estimates. 'RL4NCE REQUEST-LOT 13 BEAVER BROOK ROAD-EVERGREEN TATES- CHRIS TIANSEN& SERGI.• Phil Christiansen from Christiansen& Sergi was present and requested to come before s Board for the following variances fi•om the Town of North Andover's Minimum ��. uirements for the Subsurface Disposal of Sanitary Sewage: _> 1. North Andover Regulation 2.14.4 -Minimum Capacity - The variance requested is to allow for the minimum capacity of the disposal system to be reduced from the required 660 gallons per day to the design flow _ of 440 gallons per day. 2. North Andover Regulation 2.14 - Sewage Flow Estimates -the s variance requested is to allow for the estimated daily flow per bedroom �. 4 to be reduced from the North Andover requirement of 165 gallons per 1 f day to the Title V requirement of 110 gallons per day. 3. North Andover Regulation 4.18 -Distances - The variance requested is to allow for the proposed system to be located at a distance of 20 feet ' from the proposed cellar wall and foundation drain. The set back distance required by the North Andover regulation is 35 feet. The set back distance required by Title V is 20 feet. XF `t t. T I [ y,' k Page 6 r �i Minutes: September 26, 1996 I, On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant three variances from the North Andover Local Regulations for Lot#13 Beaver Brook, 1) Section 2.14.4 - Minimum Capacity, 2) Section 2.14 - Selvage floly Estimates, 3) Section 4.18 -Distances, _ 4 VARIANCE REQUEST-L 0 T 21 BEA VER BR0OK-EVERGREEN ESTATES ' CHRISTIANSEN&SERGL- Mr, Phil Christiansen from Christiansen & Sergi was present and requested to come before -- the Board for the following variances from the Town of North Andover's Minimum - `' Requirements for the Subsurface Disposal of Sanitary Sewage: 1. Section 2.14.4 -Minimum Capacity-The variance request is to allow for the minimum capacity of the disposal system to be reduced from the required 660 gallons per day to the design flow of 440 gallons per day, ti=r 2. Section 2.14 - Sewage Flow Estimates - The variance request is to 5 allow for the estimated daily flow per bedroom to be reduced from the �:r{ North Andover requirement of 165 gallons per day to the Title V requirement of 110 gallons per day. �Yx $ ; On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant two variances to the North Andover's Local Regulations for Lot 21 Beaver .` Brook Road, Section 2.14.4 - Minimum Capacity and Section 2.14 - Sewage Flow Estimate. ! 729 BQXFFORD STREET.• } This was not on the agenda but Mr. Christiansen & owner Jeff Simmons wanted to know what the Board Member's point of view would be on this matter. The variance is distance to wetlands. A brief discussion ensued. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant a variance to distance to wetlands contingent upon approval of the plan. The distance to wetlands cannot be less than 75 feet. i 240 ABBOTT STREET: +' Ms. Stair stated that this is a Title V failure and the owner is selling and putting money in ' escrow. The owner, Judy Ruane, wants the Board of Health to allow her to repair the j ! septic system in five(5)years instead of repairing the system in three (3) years because 4 sewer is slated for this area. lI f' ; I, 1 Town of North Andover µ0RTH O" CE OF ��o<< 40 ,,Y+�OOL COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover,Massachusetts 01845 WILLIAM J.SCOTT �SSACNUS�t�y Director September 20, 1996 Christiansen& Sergi 160 Summer Street Haverhill, MA 01930 Re: Lot#13 Beaver Brook Road Dear Phil: This is to inform you that the proposed plans for the site referenced above have been disapproved for the following reasons: 1. Less than 35 feet from foundation to leach area. 2. Absorption trenches to be used whenever possible (310 CMR 15.240 (6)) explain and justify use of field. 3. Not designed on 165 GPD, 660 Minimum. 4. Notes: Retaining wall to be: a) Designed by a registered P.E. who shall certify design.' b) As-Built of wall with certification that constructed in accordance with plan. c) Wall to be constructed and certified and inspected by Board of Health prior to system construction. If you have any questions, please do not hesitate to call the Health Office at the number below. Sincerely, Sandra Starr, R.S., Health Administrator SS/cjp BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688.9535 CHRI TIANSEN & SERCI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508)3730310 FAX; (508)372.3960 September 20, 1996 Ms. Sandra Starr North Andover Board of Health 120 Main Street North Andover, MA 01845 Re: Lot 13 Beaver Brook Road (Evergreen Estates Subdivision) Dear Ms. Starr: Thank you for your September 17, 1996 comments regarding the Septic System Design for the above referenced lot. I have the following responses to your reasons for disapproval. 1. A variance has been requested for the reduced setback between the foundation wall and the leaching area. 2. A leaching field has been specified for this lot rather than leaching trenches because of area limitations. Due to the Title V requirement that the spacing between trenches shall be at least three tunes the effective width or depth of the trench, a leaching field system uses less area than a leaching trenches system. The limited size and irregular shape of the area of the lot available outside of the 100' buffer zone would make it 'unpractical to use leaching trenches. The area available for the leaching facilty on this lot is so restricted that we have asked for a variance from the required minimum design flow and per bedroom flow rates to reduce the required size of the system. 3. Variances have been requested from the required minimum design flow and per bedroom flow rates 4. We have added to the plan the appropriate notes regarding the reinforced concrete retaining wall. Enclosed are 3 copies of the revised Septic System Design for Lot 13. Please contact me if you have any other comments regarding this design. Ver �y Yours, / , P ' irlstlansen