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HomeMy WebLinkAboutMiscellaneous - 1964 Osgood Street jr 1964, Osgood Street �� 1 le DATE O^D EF: `;' ';o. DIS024A FOLDER c. COMMORURALTS OF MASS AC UUSETT. I iddles o. ;ss<s, Superixer Court � In ul No. 20339 Vim. 5' IN SAI-LORI 0WIL: 11 .r .i,�^'s. �,a OR Iv. ; ET XLS i I I AL I This es se tam on to be further beard at this sitting mid was argued by aeons ai and upon conaidoration thereor, it Is T at the Board of Health of North -Andover does not have , uric-,. die ion to approve or i app ve sewage die sal er damage eye- tome or the underground Saeoline storage faell ties pre sed t* be. ornstructed by the ptiti.oner in and upon the bussi.n s-zona portion of the potItIonerfs property on Osgood Strast,, ftrttL Amdve located within two hundred fifty (250) feet from tho high water mark of Lake -Coehih ie the public, water supply of' ' orb Andover; and that power of approvalrow the cvt ruction and maintonaaco of "eh proposed a e disposal or drainago syss towns he gaeo- line storage a facility to "event the P€11%ition and to Geoure the s on'ttery pro ec ion of said ire in excluai ely in the Department of Public Health of the ccamonvealtb. That if and w1um sv4d sewage disposal snA drainage vyetems# or the mriderground asol a sora&9 facility, or both,, are eoustructed and are reody to bo, 00nneeted to Abe plying of suoh butldinZa or structures as thetitione e r toastract on his said land* de_ scribed In the previous pvaragraph,, the approval of the sub-surface distribution oyster. by the Norsk Andovar Sward of Health shell not e requirod from the atandp*int of preventing pollutiort or securing o eon gory promotion Of #*14 lake bol'ore the p1mbing connect- tis ere made to such system or facilities, I the o or is. entitled tv bullding pomits for the j con truetion of the and: bard re' store on, his said buslaaaa-zmed proporty on tho c h ane he riles on Zune_ , 1957 with -who o. 4 dot Ouildspector# Martin Lawlor; md thst,v upon the return or said- Ap nAleationa for building erm ,, 1aas# deagriptions, and ahaaka for riling fees to alaidso-ildIns Inapeav b the petitioner, va d BtAldIng papa*tor shall low-to the biles os applied for forthwith. ThAt Iftba petWoner shall causehe appliestion for a Iloon e to Inorease, the undargrumd gasoline storage on the said business-zona: property evned by tba, p io sr (which uaV-11ed vith the Board of Sg a tmen and later mahout roju loe$' to be rend, or if a novappllaat!L*nof, a1=11-Ar te"r is filed or atteh a loen. o, the Board of Selectmen of .earth Andover, as the licensing ut rit u er- Oeneral .Law -Ter.. Ed..),., e 148* 13*1 sh :l r000nsidersald &ppliestion in the. light of the t" an that he Departmont or P. th of the o sn .has ap- proved the, plans for the noderground storage vault and sewage and drainage syst~ to be oanstruated on said petitionerfs land to revert pollution and to socure, the WltOr SUPPIr of North Andover a dour uM responsibility that tho State Department Is a iared with under Oxisting law - and that the ftard or Healtbsaid Tauri has no jurladlation to approve or disapprove the installation or such facility; end., ah reton. aideratim, tba said Board o Zeleetmen., as the 11c sig -authority ander vald s ton 1. ,, ahall act In the promises as a law*. That the petition-or recover costs swounting to One -Hww)red Seventy Four and 70/1 (8171$.70)'0 dollars, It is urMer ord-vrsd gest the clerk or the court far-Umith attestedsond an copof this deree -to the board, of Vu1i- healt a-, the board of seleotmen and the building pootor of the Tow o Nora woverw By ho C OAArt 0 January 1: * 1160 This dmree may ber Entered-* J 16, 1960 Thomas A. mataulay J"tlee of superior "Goff i 4 1962 $21,000 Verdict For Petitioner A verdict of $21,000 for Sally B. Stonehouse of Weymouth, ad- ministratrix of the estate of her father the late Arthur B. Colgate �of Winchester, petitioner in a `land damage suit against the I Town of North Andor, was re, in Superior turned by a jury Civil court Wednesday afternoon. The jury award was for prop- erty bordering Lake Cochiche- Iwick, North Andover, seized by the Town of North Andover on i August 15. 1958, for the purpose !of protecting' the public water I supply of the town. The property was situated off Great Pond road, near Osgood street and consisted sof a two family dpulex dwelling, a one-car garage and 1.05 acres lof land-. The jury began deliberations at 10:35 a.m. and returned the verdict at 3:30 P.M. {I The petitioner was represented by Attorney James C. Gahan, Jr,, of Boston and Attorney Ny -- i y �^t r BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS January 29#1960 Commissioner of Public Reale . Department of Public Reale state House :Arthur Colgate v-e Martin Lawlor., builLding inspector et alis Superior court EquitY X339 Middlesex County Dear Commissioner- A recent decision by the above nazed Court has ,caused a certain degree of 0on4lw1an In the fun this hoard of health} The following is a. partlaI440ta:ti of the final dscree, that the Board; of Health of Nortb Andover does not have j is diction to prove or disapprove sewage disposal or dra�.nage sire-. tem; or the underground gasoline storage facilities `b 04 to constructed: by the petitioner in and upon, t e business-zoned portion of the petitioner'e prOpertY on 09-go:od Street-.. orth AndOv .v. mated within 250 ft*. fr -him. water;.mark. of Lake aechlchwlek the pudic Mater supp2,� sof -Porth Andover, and that the power ur approval for the c t -UPti:on and maintenance of such. **ped sewage disposal or drainage systems# and tbo gas. . oline stem facility to prevent the pollution and to secure the sani,taxT protecti of said -e is -tX*Jugj.vely in the Department of publie R'ealth of the C wealth% -fit is .not the Intent of our mrd to use any governing power but it appears mat we have been doing so ura ttingiy, 'With the increased tempo or, nstruation about oUr grater shed area we will not be too reluctant in relinquishing to the State Department of Health tie responsibility €f surveying and issuing septic tank permits, Will you plea a advise us as to your inference of this re., ,cent Superior Court decree. Sincerely yon.: Chairman oaf the B rrd of Health 4- 9 WORTHEN H. TAYLOR February 29, 1960.. Director Division of Sanitary Engineering Board of Health North Andover, Massachusetts Attention: Julius Kay, M.D., Chairman Re: North Andover - Public Water Supply Permits for Sewage Disposal Facilities Gentlemen: on Watershed of Great Pond„ I must apologize for the delay in answering your letter of January 29, 1960, relative to the court action between Arthur Colgate and Martin Lawlor, building inspector for the town of North Andover,"Superior j Court Equity #20339, Middlesex County." I have attempted to obtain a copy of the complete final decree of the court in this matter but am informed that an appeal is imminent and I am unable to obtain a complete copy of the decree. I It appears to this Division that authority to issue permits for sewage disposal facilities anywhere in the town of North Andover rests j with your Board. Where such facilities are to be installed on the watershed of Great Pond where the rules and regulations of this Department are in effect, the Department will be pleased to advise your Board to guide you in the issuance of the necessary permits. Very truly yours, W9Chief H. Tayl T/ers/So Sanitary- Engineer OFFICE RESIDENCE MURDOCK 2-1867 MURDOCK 3-3243 CHARLES W. TROMBLY ATTORNEY - AT - LAW 523 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS TO= va I ftr* Andover# dot vs.* Qoumt '04, or'o of els nose 8e advUed that the V91 . 0 the t3� *up- Vinod eorte was ontamd t dr�perld ora or id 000x Coufty oA lbadayo aamary 18, 1960* 1aio door" was Id+outical uItAt the order for 4screo vMoh i MAJ104, to YOUL 04 Veoamtor 99,,. last I-heath notify yet% that WW appoal to the 8uproft d'ud$* Carta# mast be filed Vithtu twenty dare *f January 18# 1980, to wits r oar 8.0 1960*, Tba"for€o, I zuSgea i that I botustruoted a* to vAwthzr or xwt an q#pml Is to be token In thin on000. OlUftirolyr row*# Special Counsel rUz Lax1or,0 8nil4ftZ Inspeotor . I : i f +M rev NORTHEASTERN DISTRICT NORTH READING STATE SANATORIUM NORTH WILMINGTON February 3, 1961 Miss Mary Sheridan Agent, Board of Health North Andover, Massachusetts Dear Miss Sheridan: I am in receipt of your letter asking for advice relative to the proposed waste disposal system at new hardware store and gasoline station owned by Mr. Arthur B. Colgate. The facilities are to be located on Osgood Street in North Andover, on the water shed of Lake Cochichewick, a source of water supply for the town of North Andover. The Department of Public Health in a communication to you dated May 22, 1957 approved the method of sewage disposal of a plan submitted titled: "SEIVAGE DISPOSAL SYSTEM FOR ARTHUR B. COLGATE NO. ANDOVER, MASS. Scale l" = 40' Jan. 7, 1957 Spada, Taddeo & Zabar R. S." The Department recommended that additional fill be provided for a distance of at least 50 feet from the leaching areas toward Lake Cochichewisk and that the surface of the fill be brought to a grade of not less than 120 feet. It is also recommended that the oil and gasoline trap be properly maintained to prevent the escape of petroleum products. The letter was signed by Mr.. Francis H. Kingsbury, Acting Deputy Commissioner, Environmental Sanitation. I have been informed that the approval and recommendations made in the 1957 letter are still applichblle ,�' of this date. Very truly you , Herbert A: District Engineer HDN/dg February 3, 1961 Miss Mary Sheridan Agent, Board of Health North Andover, Massachusetts Dear Miss Sheridan: 2 am in receipt of your letter asking for advice relative to the proposed waste disposal system at new hardware store and gasoline station owned by Mr. Arthur B. Colgate. The facilities are to be located on Osgood Street in North Andover, on the water shed of Lake Cochichewick, a source of water supply for the town of North Andover. The Department of Public Health in a communication to you dated May 22, 1957 approved the method of sewage disposal of a plan submitted titled: "SE7 AGE DISPOSAL SYYSTEKI FOR ARTHUR B. COLGATE NO. ANDOVER, MASS. Scale 1" = 441 Jan. 7, 1957 Spada, Taddeo & Zabar R. S." The Department recommended that additional fill be provided for a distance of at least 54 feet from the leaching areas toward Lake Cochichewisk and that the surface of the fill be brought to a grade of not less than 120 feet. It is also recommended that the oil and gasoline trap be properly maintained to prevent the escape of petroleum products. The letter was signed by Mr. Francis H. Kingsbury, Acting Deputy Commissioner, .Environmental Sanitation. I have been informed that the approval and recommendations made in the 1957 letter are still applicable as of this date. Very truly yours, erert N erson HDN f dg District Engineer r ?ebruary 2, 1961 Mr, Herbert Nickerson; Sanitary ,engineer Northeastern District Health Office North Wilmingtons Massachusetts Dear Mr. Nickerson: May we have your recommendations and/or approval for a syv-surface disposal system as shown on plan enclosed and titled: PLAN SHOWING STORE BUILDING For Arthur B. Colgatej North Andover, Mass. Feb. 1957 Leaching Trenches Revised 1958. F&n. Topo. Mal1. 25, 11,58 The plan was filed in thio office by Mro Robert B. Boyd, 42 South Street, Bradford, Mass., Agent ofr Mr. Colgate and is the same site as referred to you in correspondence dated Jan. 31, 1961. YoLxs very trulyp BOA-0:D OF llihALTH By Maxy F. Sheridan, Agent January 31, 1961 Mr. Herbert Nickersons Sanitary hngineer Northeastern District Health Office North heading State Sanatorium North Wilmington$ Massachusetts Dear Mrs Nickerson: The Board of Health would like clarification concerning a proposed hardware store, plans of which are on file with your Department and titled: SEWAGE DISPOSAL SYSTEM For Arthur B. Colgate North Andovers Mass. Jan. 7s 1957 Spadas Taddeo, Zabor, R S 10A It is anticipated that Mr. Colgate plans to begin construction on this project soon and your recommendations and/or approval will be appreciated. Yours very truly$ BOARD OF HPALTH By Mary F. * heridanp Agent OFFICE RESIDENCE MURDOCK 2.1967 MURDOCK 3.3243 CHARLES W. TROMBLY ATTORNEY - AT - LAW 523 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS r Worvary 1% 1960 Ralph S. ,,, hair gfte rd et Seleetmm, Tom skiI ftrft mdrovero Massaahmsetts t Colgate vs# Tom of lbrU Andover Plemse `Oe, advised that the sUtutavy tim for e peed in the ebfte oVt1*a*4 ceseg ezpired. a z Voufty., February 9, 19604 As per your ins-truetions, no appeal was takea and the mal deeree as sent to you by the- Court in zww in gorse ezd effect* %4c , you for erd , me the Zappert of sorrlmZ your I romin Manes * Trombly 'TtJPU Qat jultus gayi ObAirmmt Burd of Publio Health .r is Lawlor, Suilftag inspeot*r: i OFFICE RESIDENCE MURDOCK 2-1967 MURDOCK 3.3243 CHARLES W. TROMBLY � ATTORNEY . AT . LAW 523 BAY STATE BUILDING LAWRENCE. MASSACHUSETTS -j B July 24, 1959 North Andover Board of Health Town Ha 11 North Andover, Massachusetts I Re: Colgate matter Gentlemen: Enclosed herewith is the bill of Camp, Dresser & McKee for the investigation, report and testimony with regard to the Colgate property. I trust this meets with your approval and suggest the payment thereof. Singerely yours, ✓i Charles W. Trombly CWT:JPM Enc. Please ask for Attorney GAHAIT driamnWitwraft4 of Anssar4usetts Suffelk _�� Commiss or any other Berson II char���� Board of Public Andover Health, North And _ �'- ..-._-._...r.__... r Tjon are 4troby rrquirrb in the name of the Commonwealth of Massachusetts, to appear ie f o re the-_.--.S.uR&zi-Qr _ East Cambridge holden at-_ �'�iddle;ex � -- .r...wit3iin and for the county of_. on the_ _ 25th - -- _ _ u Jne.._.?..1S9 »_..day � ­ 10:00 ­o clock in the_...._? °= __noon, and from day to day thereafter, until tree action hereinafter named is heard by said Court,to give evidence of what you know relating to an action of_.-_........Tmr't............ ---.then and there to be heard and tried between __.._....._.._......_.. _ _ Colgate _ _- ••--.-Plai�ati�' and .__Defendant , and you are further required to bring with you all records, minutes, oorrespandance, plans anal other data of saj board from and after September 1, 1956 to date relative to any an all applications for the approval of building permits for a stre, soline station and sanitary system on property on Osgood Streets 2• rsth Andover and/or Great Pond Read, North And ownod by ArthurB Colgate .................... .....„.................'........... ,.... . (EammanwtrsltIF of etts Suffolk �S Mar Sherid _or anter •other Aerson in charge n,�, _ ���� •-•----- m . Clerk _Board—of Health „ Noah Andover_ Volt Ftrr 49rebg rvgUtreb in the name of they Commonwealth of Massachusetts, to aet ear iefore the Sun *-;Qx pp - holden at_-- ngt c n,n#,..t a,-a----within and for the county of _1`JIda�esox _ on the _._..day of the action her er nam-----o'clock is he in the-9,00,8L—noon, and from day to day thereafter, until and by said Court,to give evidence of what you know relating to an action of. Tort "”- - - — ...then and there to be heard and tried between _.._"'....'__'--•--•-------•----Dlaintiff Lawlor , and you are further rra"r -Q,t to h,inv 7,j2*th vou ---Defendant , and ------­-----------_.. ........................................... all records, minutes, correspondence of said Board from and afte uuapJanuary 1, 1956 to date relative to any and all applications for t proval of building permits for stores he. USystems on property on Osgood St. ,t gasoline storage and sanitary owned b Porth Andover and or Great gond Road y Arthur B. Colgate and on all property in tle town of North Andover bordering on Lake Cochichewick. .J!.__. ........ ...................Constable otary Public OFFICE - RmDENCE MURDOCK 2-1887 MURDOCK 3.3243 CHARLES W. TROMBLY ATTORNEY - AT - LAN/ 523 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS September 4, 1958 Board of Health Julius,Kay, M.D., Chairman Town Hall North Andover, Massachusetts Dear Dr. Kay: This letter is written so that there will be no misunderstanding of my impressions of the conference held on August 27, 1958, at which the following were present: John Willis and Irving Bowes, members of the Board of Public VVorks; William B. Duffy, Supt. of the Board of Public Works; Ralph E. Finck, Chairman of the Board of Selectmen; yourself as Chairman of the Board of Health; and myself as attorney. It is my understanding that if Arthur B. Colgate presents to the Town a plan for a sanitary disposal system and a gas storage system prepared by the firms of Metcalf and Eddy; Camp, Dresser and McKee; or Weston and Sampson; or a firm of like stature, for the property at the Lake Side Filling Station, which plan would be prepared so that it would completely and adequately pro- tect the Town of North Andover's drinking sypply, Lake Cochichewick, that your Board would submit this plan to your sanatarian. In turn, if the sana- tarian approved the plan, ,your Board would grant the permit. I shall instruct counsel for Mr. Colgate as to this position and await further developments. In the event that my understanding differs from you, please contact me. Sincerely 'or�urs, Charles IT. Tromby CWT:JPM ' CC: Board of Public Works, William B. Duffy, Supt. Board of Selectmen, Ralph E. Finck, Chairman I June 7, 1958 Mr. Franois Haphey and Mrs, Norman FAphey 1964 Great :and .toad North Andover, Massachusetts Dear IJP'. & Mrs. Haphey: Acting on behalf of the Borth ver Board of a th and specifically under General Lams, Chante 1 , S ctions 128E ugh 128P, you are hereby notified, as tenants t th cid ,North Andover :;card of Health has determined that the ex fr dwelling at 1964 to 1966 Great Pond Road is unfit for h m hab a on and is a nuisance. You are hereby ordered a to the rAisance existing because of an improper sexy is o Sys m. You arc ►er noti " that less the nuisance is abated by Friday, June .20, 1958 o will be f r ibly removed from the premises and this hoard shall take sue ther aotio s it deems necessary to enforce the laves applicable - ^^ to. North Andover Board of health BY Charlos Vit, Trembly, Its Attorney CWT s JPM NOTE: The original of this letter was mailed, registered mail, on June 9, 1958 from Lawrence and a return receipt was signed by Norma Haphey dated June 10, 1958. OFFICE RESIDENCE MURDOCK 2-1967 MURDOCK 3.3243 CHARLES W. TROMBLY ATTORNEY - AT - LAW 523 BAY STATE BUILDING LAWRENCE. MASSACHUSETTS IRutee ?, lose ?rd's Arthur 26 Colgate 41 Fra&lft Street Vinchestor, 'Zissaohusetts. Dear L�rs Colgate: Actinz on bobelf of the North Andover Dowd of filth and specifically WWer General Lmm, Chapter 111, Sections 128B through 128f, .you are hereby notified, has ornesr, that the, said North AndoverBoard of nth has determined thet ;the duplex frMee doeUinr, at 1964 to 19W Great Pond Road In .unfit-for. hum habitation- and is a wAeancss You,tare hereby ordered to abate the nuisance existing be- **use of an improper seeaage di spool system+ You are further notified,- theft ui loss the nuisa'noe3 Is abated by Friday, Jeune 2.0 1958, the Unant shall be forcibly t xw46d from the promises and this Board shall take dwh other action aro it dog necess• ar"y to enforce the Iowa capplioobla thereto, . North Andover Board of filth or be * 55-0'msly" is -A rnoy CWTOPM NOTE: The original of this letter was delivered in hand to Arthur B. Colgate on June 9, 1958 at 1:50 p.m. at the State Department of Publio Health hearing in Boston. i J1A Af}H11�1:+1]T� UP:P1►t7,�lb\ O PUBLI H.BA 414 STATE HO'USL:, BOSTON NOTICE Notice is herehy given4athat8applica- tion has been made on behalf of the town of North Andover for the ap-F Proval of this Department of the ac- 1 quisition by purchase or otherwise of a certain parcel of land In North An- dover on the watershed of Lake Co- chtchewick, a source of water supply for the town of North Andover, for the Purpose Of Protecting the water supply( of said town of North Andover in said' pond. The Parcel proposed for taking is located northwesterly of Lake Co chichecvick, southerly of Great Pondl Road, opposite its intersection with Os-1 good Street, and comprises an area- of about 1.05 acres and is owned by Arthur B. Colgate, 41 Franklin Road, Winchester, Massachusetts. DepartmentIn response to ofPubl c said application lalthcling' junder the provisions of Chaptel' 40.' Section 4L.of the General Laws, wills give a hearing in the office of its', Division of Sanitary Engineering, Room 511„ State House. Boston on Monday.+ June 9. 1958 at 1:30 p.in ]I A plan showing the parcel in q s- t.ion•is on file In the office o[ the'Di 'dsion of Sanitary Engineering. State House. Boston, and in the office of, the Board of Public Works of the .� town of North Andover. By order of the Department of Pub- ROW 6/10/58 Reported by Mr. Trombly--- Mr. T. Attended the above =tkea meeting at State House on 6,!9,!58. Notice to Mr. Haphey (registered mail) sent by Mr. T. on 6/9/58 to vacate by Y23/58 Notice delivered to Mri Colgate by Mr. T.mn person to have premises vacated by 6/23/59 Plans submitted by Mr. Brasseur 6/10/58 tve4 to Mr. Driscoll for his comments. (Have Mr. D. contact Mr. T. after Nix he has reviewed the Plans. BOARD OF HEALTH YY NORTH ANDOVER MASSACHUSETTS April 24,1958 Board of Selectmen Town of North Andover North Andover,Mass. Dear Sirs: Some time ago the Board of Health instigated legal procedures to condemn the residence at 1984 Great Pond Road, property owned by a 14r.Colgate. Because of '"undue hardship" of the present tenant. the procedures were temporarily halted. The Board now wishes to continue the legal action and requests your consideration of our re-employing Attorney Arnold Salisbury who initiated the original action in 1956. Sincerely yours,, Julius Kay,.M.P. Chairman j K/ahs OFFICE RESIDENCE M URDOCK 2-1987 M URDOCK 3.3243 CHARLES W. TROMBLY ATTORNEY - AT . LAW 523 SAY STATE BUILDING LAWRENCE, MASSACHUSETTS April 8, 1958 Board of Health Mary Sheridan, Clerk 'loom Hall North Andover, Massachusetts Re: Arthur B. Colgate vs. Martin Lawlor, et alii Middlesex Superior Court Equity No. 20339 Dear Mary: I plan to attend the Board of Health hearing on April 30, 1958 at which time you are to have Mr. Driscoll, the sanitarian present. Atty. Gahan will be there and possibly with his engineer. If this meeting could be advanced to April 23 it would be more con- venient for Atty. Gahan and would be agreeable with me. If it can not be advanced, however, we will be present on the 30th of April. Sincerely yours, ��--i Charles w. TromUly CWT:JRM i P BOARD OF HEALTH TGVril OF. NORTH ANDOVER, MASS. a vp 1. NAT+IIE DATE . . ' 2. ADDRESS .l. .ct . . 0 . 0, . LUT NONO. . . . . . . TELO 0 . 3. N0,, OF BEDROONS DEN us NO.. . . . . 4. GARBAGE GRI MM YES . . NO.. .A< . 5. SHON DIiENSIO r' of HOUSE ` Z.- 0 6. SHOW DISTANCES OF HOUSE TO ALL PROPERTY LINES 7. SHOW DIMSMIONS OF LOT 8. SHOW LOCATION AND SIZE OF SEPTIC TANK OR CESSPOOL 9, NOTE LOCATION ANA DISTANCE OF WELL FROM SEWERAGE SYSTEM 10. SHOW LOCATION OF BROOKS, STREAKS, DITCHES, LEDGE OUTCROP, ETC. 11• SHOW DISTANCE OF SEPTIC TANK OR CESSPOOL FROM HOUSE NOTE: LOCAL REGULATIONS SHOULD EE READ CAREFULLY. May 10, 1958 Miss Mary Sheridan R. N. Health Agent Board of Health North Andover, Mass. Dear Miss Sheridan: An examination was made as requested in order to determine the suitability of the sail for the subsurface disposal of sewage at the site of a duplex home owned by Arthur Colgate, 1984 Osgood Street. The subsoil in the area was of a clay content and the water table was too high to conduct a satisfactory percolation test. Very truly yours, William. J. - scoll �k h. t ! +e v. �o f, a, rJl P \T VAS i - - OFFICE RESIDENCE MURDOCK 2.1967 MURDOCK 3-3243 CHARLES W. TROMBLY ATTORNEY - AT . LAW 523 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS February 11, 1958 North Andover Board of Health Town Building North Andover, 10assachusetts ATTENTION: Mary F. Sheridan, Agent Re: Colgate vs. Town of North Andover Gentlemen: Please be advised that the above matter has been assigned for a hearing the week of Murch 18, 1958 at Middlesex Sup- erior Court and I would appreciate the various members holding them- selves in readiness to appear as witnesses if necessary. I shall contact you later with more specific instruc- tions. Very truly your Qar omb y CWT:JPM INSTRUCTIONS TO DELIVERING EMPLOYEE L&IVER ONLY TO ADDRESSEE (20¢additional) SHOW ADDRESS WHERE DELIVERED IN ITEM 4 BELOW(310 additional) .i RECEIPT Received from the Postmaster the Registered,Certified,or Insured Article, the number of which appears on the face of this return receipt. 1.SIGNATURE OR NA)*E OF ADDRESS 2. SIGNATURE OF ADb RESSEE'S AGENT (Agerrt—s%ould enter ddressee's f name in o j1 item 1 above) ! o e 3. DELIVERY DATE Z 19 i 4. Lr be ,i POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE$900 POSTMARK OF F r _ _. . i•assr Z INSTRUCTIONS.—Show na;8" ess and number of article below. Complete "Instructions to Delivering _ Employee" on other side, when applicable. Moisten I RETURN TO gummed ends and securely attach to back of article. En- 1 rn dorse front of article RE RECEIPT REQ(J STED. R ER�ED J N OF S CERTIFIED NO. NO NO.ORP BOX _ M » " INSURED NO- CI Y, ONE,AN A' �i n ' - 4 Pq ' - 196 t T. Form 3806 —70493-1 Alay 1954 ' --� The sender is not required to pay a registration fee providing for full indemnity coverage (up to the limit of $1,000). Howevres if tfie_, actual value of the matter mailed exceeds$25, the sender must pay a fee of of least 55 cents.• The 30-cent registration fee applies only to matter having no intrinsic value and does not provide for indemnifica- tion. Some matter having no intrinsic value, so for as the registry service is concerned, may involve considerable cost to duplicate if lost or destroyed. The sender is privileged to pay a higher than minimum registration fee for insurance against costs of duplication if desired. Domestic registered mail is subject to surcharge when the declared value exceeds the maximum indemnity covered by the fee paid by $1,000 or more. Claims must be filed within I year from date /of mailing. Consult postmaster as to fee chargeable on registered parcel pgst packages addressed to foreign countries. '� pro c9-16-70493-1 October 23s 1957 Mr. Arthur S. Col igate 42 Franklin Street 'inchest,-r3 Sassachusetts Ttefs ,iaste Disposal, System at Proposed Neu Hardware Store and Gasoline Station, Osgood Str+aet, North Andover.,r, M ssachusetts. near tiro Colgates SFr. William Driscoll, having reviewed all. ,plans available in V„.i.s department, sta es th;t he does not have enough informatics to ,give a report at this time* He has requested a complete scat of plans and specifications f of they proposed gasoline station and hardware store with an emphasis put s on all finish grades of the entire arca and all. drainage facilities including sarface drairzgep underground drai.nagey floor drains a.,d conductor drains* i i Will you kindly submit the plans rtquested. :fir.. Driscoll will then do the necessary percolation testa and submit his recomendations to this Board for considurat:iono I-fours very trulip . X1.D OF t..:,ALTH 1 By Marj Fe —Sheri.dang, Agent r JP-It , G i I October 17, 1957 Board of Health North Andover Massachusetts Attention: Dr. Julius Ray - Chairman Dear Members of the Board of Health: Subject: Waste Disposal System at Proposed New Hardware Store and Gasoline Station for Arthur B. Colgate, Osgood Street, North Andover, Mass. I have carefully reviewed all plans and letters as submitted with regard to a proposed sewage and waste water disposal system for a hardware store and gasoline station to be located on Osgood Street and owned by Arthur B. Colgate. I find them to be definitely inadequate for the purpose of designing a sewage and waste water disposal system. In view of the fact that the above mentioned location is on the watershed of Lake Cochickewick, a source of water supply for the town of North Andover, and only approximately 200 feet from the lake it is imperative that I receive a complete set of plans and specifications for both the hardware store and gasoline station with an emphasis put on all finish grades of the entire area and all drainage facilities including surface drainage, underground drainage, floor drains and conductor drains before an intelligent report can be prepared as to the feasibility of installing a sub- surface disposal system. The reasons for the above request are numerous but only to site a few, they are: 1. Surface Drainage in an area of a gasoline station or hardware store will pick up all liquids that have been spilled including such things as gasoline, oil, turpentine, paint, etc. The normal procedure employed in taking care of surface drainage is to construct catch basins which are piped for further drainage. The logical drainage point could be the leaching field. If such were the case the leaching lines would become saturated and inoperative as well as directing the above mentioned liquids toward the lake. Members of the Board of Health Page 2 October 17, 1957 2. Underground drainage, which is installed at the outside and at the bottom of foundations in order to pick up all underground water in the area and dispose of same before it can flood the inside, is sometimes piped toward the leaching field and in turn saturate it and make it in- operative. The underground drainage in a gasoline station is generally found at the base of the grease pit in order to stop any flooding of same. In .this case if the pit is not made watertight there will be grease and oil getting into the underground drainage lines and eventually to the lake. 3. Floor drains are a source of concern in that here again all liquids that are spilled are washed into same and as men- tioned above must be directed toward the leaching field or run overboard to the lake. 4. Conductor drains which take the total watershed from the roof areas of the buildings are lead into the ground and as mentioned above they could easily be piped to the leach- ing field. If not they could be lead to dry wells adjacent to the field and saturate the ground. I have in my possession at the present time the only plans that have been presented to the Board of Health bar Mr. Arthur Colgate. The plans are titled: "SEWAGE DISPOSAL SY§TEM FOR ARTHUR B. COLGATE NO. .ANDOVER, MASS. Scale 1" - 40t Jain. 7, 1957 Spada, Taddeo & Zabar R. S. " The plans are numbered 10A - 1 of 3, 10A - 2 Of 3, 10A - 3 of 3. Plan 10A - 1 of 3 is a plot plan showing only the dimensions of the proposed buildings and their distances from the lot lines together with the proposed septic tanks, distribution boxes, leaching trenches, leaching pit and oil trap. This plan is incomplete in that it shows no elevations of any pipeline at any point and indicates no finish grades. The only elevations indicated are the existing contours in 5 foot increments. Plan 10A - 2 of 3 is a standard detail showing the design of a 600 and 800 gallon septic tank, the design of a distribution box and and the design of a subsurface leaching trench. This plan, being a stock plan, has no elevations indicated pertaining to the location it is to be applied to. As you will note, the leaching lines as shown on sheet 1 are placed on a side hill and yet the lines must be at the same elevation. This means that in the case of the upper line for the gasoline station, in order to conform with the contours, the trench must be 6 foot deep. As shown on plan 10A - 2 of 3 the subsurface leaching trench is only 2 foot deep. Members of the Board of Health Page 3 October 17, 1957 Plan 10A - 3 of 3 is a standard M. D. C. approved oil and gasoline trap. Here again no elevations are shown. This design could be very dangerous -if the oil and gasoline trap is not properly maintained. If the oil and gasoline reached the effluent line it would go directly to the leaching field. . I also have a letter dated May 22, 1957 from the Commonwealth of Massachusetts, Department of Public Health, and signed by Francis H. Kingsbury, Acting Deputy Commissioner, Environmental Sanitation. This letter relates in the second paragraph the de- signed system as recommended by Spada, Taddeo, & Zabar, R. S. The third paragraph then relates their recommendations. They state that the plan as submitted by Spada, Taddeo & Zabar indicates that the leaching fields will be installed in ground where the sur- face elevations are from 120 to 125 and the slope toward Lake Cochi- ckewick is relatively steep. They then recommend that additional fill be provided for a distance of at least 50 feet from the leach- ing areas toward Lake Cochickewick and that the surface of the fill be brought to a grade of not less than 120 feet. If this recommendation was followed out it would be impossible to install a subsurface disposal field because the distance from the rear of buildings to rear lot line is only approximately 67 feet. If you use up 50 feet in accordance with the State Department of Public Health recommendations and you must be 20 feet from the build- ing to the first leaching line, then their is not enough space to even get one line in. The State Department of Public Health also recommends in the same paragraph that the oil and gasoline trap be properly maintained to prevent the escape of petroleum products. This is the- same as I stated above and this would be very difficult to accomplish. In view of the above, I recommend that no action be taken by the Board of Health at this time with regard to percolation tests in that they would be useless until final drawings were presented. Very truly yours, William J. ri co 1 Civil Engine WJD/hd OFFICE RESIDENCE MURDOCK 2.1967 MURDOCK 3.3243 CHARLES W. TROMBLY ATTORNEY . AT • LAW 323 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS October 1, 1957 North Andover Board of Health Mary Sheridan, Nurse Town Building North Andover, Massachusetts Re; Colgate vs. Lawlor, et als Qquity No. 20559 Dear Mary: Will you please notify the Board of Health that the above captioned case has been assigned to the advanced section of the jury waived trial list at Middlesex County Court, which means that the same will be tried shortly and I shall communicate with you before the trial so that you and the members of the Board may appear. I suggest that you have all the papers together relating to the Colgate matter so that you will have them for the trial. I would appreciate your having the sanatarian contact my office on Friday, October 4, 1957 so that I may dicuss the situation with him. Sincerely yours, Charles W. Trombly CWT:JPM BOARD OF HEALTH TOWN OF NORTH ANDOVER# MASS. 1. NAME .�. w DOTE . G.�. 2 ADDRESS 4 . . ./. .•�. N0. . TEL. . . N0. OF BEDROOIIsS%G. .�. DEN YES NO.. . . . . 4- GARBAGE GRINDER YES ' NO.. . . . . 5 SHOW DIMNSIONS OF HOUSE a x 1� d 6. SHO DISTANCES OF HOUSE TO ALL PROPERPY LINES •� �'� 7. SHOW. DDEM IOM OF LOT Ie-'/44-�PU S. SHOW LOCATION AND SIZE OF SEPTIC TANK OR CESSPOOL 9. NUPE LOCATION AND DISTANCE OF WELL FRO,T SEWERAGE SYSTEM `2� 10. SHOW LOCATION OF DROOKS V STREA1,02 DITCHES 1 LEDGE OUTCROP, ETEC. 11, SHOW DISTANCE OF SEPTIC TANK OR CESSPOOL FROM, HOUSE NOTE: LOCAL REGULATIOM SHOULD 8E READ CAREFULLY. SAMUEL 8. KIRKWOOD, M.D. 511 Commissioner May 22.9 1957 Board of Health Re: NORTH ANDOVER North Andover Public Water Supply Massachusetts Proposed Waste Disposal System at New Hardware Store and Gentlemen: Gasoline Station The Department of Public Health is in receipt of a plan and details of proposed sewage and waste water disposal facilities for a hardware store and gasoline station owned by Mr, Arthur B, Colgate and located on Osgood Street in North Andover, on the watershed of Lake Cochichewick, a source of water supply for the town of North Andover. The plan submitted is titledt "SEWAGE DISPOSAL SYSTEM FOR ARTHUR B, COLGATE NO, ANDOVER, MASS, Scale l' . 401 Jan* 7, 1957 Spada, Taddeo & Zabar R* S, Examinations of the plan and the site show that it is proposed to install an 800-gallon concrete septic tank, a distribution box and 400 square feet of leaching trench area at the filling station, The hardware store is to be served by a 600-gallon septic tank and 300 square feet of leaching trench area. Percolation tests conducted by Spada, Taddeo & Zabar, Registered Sanitarians, indicated a percolation rate of about 4-1/2 minutes per inch at the gasoline station sewage disposal area. Percolation tests made at the hardware store showed a percolation rate of from 5*6 to 6.6 minutes per inch„ No ground water was encountered at either location. The leaching lines from both septic tank installations will be laid in 10 inches of 3/4 to 2-1/2-inch stone over which will be placed 2 inches of 1/8 to 1/4-inch stone. A� standard approved oil and gasoline trap will be installed to prevent petroleum products from reaching the sewage disposal system, Both drainage fields will be more than 200 feet from the high water mark of Lake Cochichewick* The plan referred to above, however# indicates that the leaching fields will be installed in ground where the surface elevations are from 120 to 125 feet and the slope toward Lake Cochichewick is relatively steep. The Department, therefore, recommends that additional fill be provided for a distance of at least 50 feet from the leaching areas toward Lake Cochichewiek and that the surface of the fill be brought to a grade of not less than 120 feet. It is also recommended that the oil and gasoline trap be properly maintained to prevent the escape of petroleum products, With the understanding that the above recommendations will be complied with,, the Department approves the plan submitted, Respectfully, 6tingTputy H. in g ur Ac Co is .ner Environmental Sanitation C-Board of Public Works North Andover Spada, Taddeo & Zaba.r Registered Sanitarians 32 Washington Avenue Natick Mr, Arthur B. Colgate North Andover 2. April 2L, 1957 Mr. Arthur B. Colgate Re: Lakeside Filling Station 41 Franklin Street North Andover Winchester., 11�lssachusetts Dear Ar. Colgate: As soon as I receive recommendations from our Sanitarian and approval from the Board, you may have a permit for sub-service disposal system for the existing Lakeside Filling Station. However, as you stated.yo, plan fo build a new station, a complete plan of the proposed station must be submitted beffre any action will be taken* It is my present understanding, that we can only attain final agreements when you submit the new plan. Yours very truly, 11ORTH AJTk,r,,zh 60A11.-1." �U' A 7 TH Mary F. Sheridan, Agent i; APHOLD 14. SALISBURY r-OUNSE4_B_OR A7 Lovas VENTRAL April 18, 1957. Miss Mary Sheridan, Office of Board of Health, Town Building, North Andover, Massachusetts. Dear Mary: Since I do not have any Board of Health stationery, and would prefer to have the Colgate letter go out on it, L enclose herewith a copy of a letter which I wishfyou-would have typed, in triplicate, and the original signed by Dr. Kay, as Chairman of the Board 0114 Rama Under the statute (Section 1231,,is given the power to specify the time within which a nuisance must be abated, and may specify a time as short as twenty—four hours. In my opinion this would be an unreasonable requirement to make of Mr. Colgate; and I therefore suggest that ahother time be specified — preferably not less than two weeks, and as m=ach longer as the Board sees fit to give him, having in mind that in the event a criminal complaint against Colgate becomes necessary, the Court would very likely not find him guilty if he is not given sufficient time by your notice to remedy the situation. Perhaps you should consult with Romano concerning this matter, and find out from him what he believes a reasonable time would be, and then see that the order to Colgate gives him at least that much time, and perhaps even a week or so more. After the letter has been typed, and the original signed by Dr, Kay, I wish you would return the pri.ginal and one of the carbons to me, so that I may undertake to have it .properly delivered to Mr. Colgate. Very trul ARNO S Enclosure. AHS/S May 18, 1957. Board of Health, Town Building, North Andover, Massachusetts. Attention of Miss Mary Sheridan, Gentlemen: I-assume that Mr. Colgate has taken no action in response to the most recent notice sent to him concerning the overflowing cesspool at 1984-86 Great Pond Road. Upon that assumption, it is now in order for your Board to take steps, under General Laws, Chapter 111, Section 125, to remove the nuisance in question. I think you should first procure in writing a detailed recommen- dation from Mr. Romano as to the precise steps to be taken, and thereafter at a meeting of your Board, if his recommendations are satisfactory to you, to take and record a formal vote to accept them, and to engage the services of someone competent to carry them out. Once this has been done; you should then promptly set about having the necessary work performed. In the absence of the requisite funds, I should suppose that the Advisory Board would have the power to effect a transfer of funds for the purpose, upon your application. If possible, I should like to have copies for my file, of Mr. Romano's recommendations, your Boards action thereon (by way of proper minutes kept of your meeting) and of any other letters or written documents which may be issued by you in connection with this whole matter, Please keep me advised as to what steps you are taking in connection with this whole matter. Very truly s rp D S AHS/S TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN April 10. 1957 Board of Health North Andover, Mass. Dear Dr, Kay: The proposal of the Board of Health to purchase the land of a two- family house at 1986 Great Pond Road was discussed at our meeting last night. We unanimously decided to request you attend our next meeting, April 22, to consider this matter with you personally. Please advise us if this is not convenient for you. Very truly yours, /Board of Selectmen Ralph(! E. Finck, Chairman RF/M April 12j, 1957 Attorney Arnold H. Salisbury 316 Essex Street Lawrence$ Massachusetts Dear Mr. Salisbury: Tice Board of Health at a meeting April 10, 1557, instructed me to request you to take all necessary action to eleminate a health hazard, namely an overflowing sub-surface disposal system at 1984-1986 Great Pond head, North Andover. According to the alisting in the Assessors files the , property is owned by Mr. Arthur B. Colgate, 41 Franklin Street., Winchester, Massachusetts and the assessed valuation is #2750. One tenement is presently occupied by Mr. Francis Haphey and family. Yours very truly, BOARD OF HSI AT.,TH Mary F. Sheridan, Agent BOARD OF HEALTH TOWN OF' NORT;i ANDOVER, MASS. Wr t 1. NATE /. .9. DATE -. 2. ADDRESS �.S. U 0 .°I s, T'. LOT NO. . . . . . TEL. . 3. NO, OF BEDROONS DEN YES . . . . . NO-- GA RBAGE O..GARBAGE GRINDER YES . NO.. . . . 5. SHOW DIMIZIONS OF HOUSE 6. SHOW DISTANCES OF HOUSE TO ALL PROPERTY LINES � ` M ?. SHOW DIIJEMIONS OF LCAT 8. SHOW LOCATION AND SIZE OF SEPTIC TANK OR CESSPOOL 9. NOTE LOCATION AND DISTANCE OF WELL FR011 SEWERAGE SYSTEM 10. SHOW LOCATION OF BROOKSp STREAM, DITCHES, LEDGE OUTCROP, ETC. 1.1, SHOW DISTANCE OF- SEPTIC TANK OR CESSPOOL FROM HOUSE NOTE: LOCAL REGULATIONS SHOULD BE READ CAREFULLY. l� I 1 � I �� �� F 4 'T ' -�r` `\ �y�' `v� is / � � `\`�\ ��c�r G�� � / y � � � � �� 14 ��\ �� � �M i C !_``R --�i f �' L ��+° `1 «� • �� i ��' "`�. f`y-� �, � � �"" J ,'- TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN ra*kf rOR7Yyr9��Y a 32.t*�CRPORgr�p L� ! I- APRIL71 "A�I- C c rttrrt�4 March 27, 1957 Board of Health North Andover, Mass. Dear Dr. Kay: At the regular Monday night meeting of the Board of Select- men Mr. Raymond Cashman and Mr. Howard Gilman appeared in their own interests to discuss the Lakeside Gas Station license application for the installation of new underground gas tanks. The Board unanimously voted to meet April 1, 1957 At 7:30 P.M. with representatives of the Board of Public Tdorks the Board of Health, and the interested parties for further discussion of this matter.. We would appreciate .it if you or a representative of your Board could attend this meeting. Very truly yours, Board of Selectmen ealph E. Finck, Chairman RF/M i (COPY) March 6, 1957 Miss Mary F. Sheridan, R.N. Avery Street Health Agent Board of Health Ipswich, Massachusetts North Andover, Massachusstts Dear Miss Sheridan: An examination of the premises of the duplex house, located on Great Pond Road, owned by Mr. Arthur Colgate was Made March 3, 1957• At that time a dye material was placed in one of the water closets in order to trace any possible outcrop of sewage. On March 5, 1957 a return visit was made and sewage containing the colored dye was observed overflowing ontothe surface of the ground. The overflowing sewage disposal system is lmcatedapproximately onehundred feet away from the lake. Very y y ours truly s Ernest Romano Sanitarian I January 15, 1957 Board of Selectmen Tom Building- North Andover, Massachusetts Be: Colgate properties on Osgood Street and Great Pond Road Gentlemen: I have been asked by the North Andover Board of Health to represent it in the scatter of its objections to the continuation of certain uses to Qiich portions of the above properties are presently being put, and to the'extonsion of certain others uses which is being proposed,by the owner. That Board has specifically requested me to write to you in'its behalf, so that there may be no misunderstanding of its position. the location of all three properties (the house on Osgood Street, the Pilling Station on Great fond Road and the house on Great Pond Road) is such that the disposal of sewage must be carefully effected if pollution of Lake Cochichewick is to be avoided. I understand that there is noreQ Bent sewage problem as to the Osgood Street house, since it is currently unoccupied; but the Board of Health will insist upon a new and careft lly constructed disposal system when and if these promisee ars sold and occupied. There are present problems, which the Board regards as very dangerous to the health of the people of the Town, with reference to the other two locations. Indeed, it has eondemmed the present sewage disposal systems installed in this area, and steps will be taken forthwith to implement its decisions. Its strong feeling is that no effective disposal facilities can be installed except at great expense; this is particularly true if, as rumored, the owner attempts to go forward with the operation Of an enlarged service station facility at the location of the present ' filling station,Of ` that the owner be ml Concern to it is the propml, now before your Board, permitted to install an extensive gasoline storage plant. I am informed that the local Board of Public Works is likewise deeply concerned over the possibility of pollution of the waters of the Lake If such construction is permitted by your Board. I am aware that the (a) State Department of Public 110uth has indicated that its reouiroments might be satisfied by some form of construction of such a storage tank, but it still remains true, of course, that the local Board of public Works must also agree with such a position if it is to perform its function as the guardian of the Torn water supply y. I understand that the Board of Health and the Board of Public Works are in complete agreement on the inadvisability of any such extended use of the filling station o permitting 'Ibis communication has, as its principal purpose, d8 has been proposed on notice that, notwithstanding any contraryrpose, the putting of your Board the too local agencies most familiar withhealth proion le any State Board, the continued purity of the water su problems the with that the PPhV, stand together in the opinion granting of any such permission would be a distinct threat to the health and welfare of the people of the Tom, The Omer has heretofore, in connection with another local project undertaken by him, shown a complete disregard forthe wishes of the townspeople. I refer, of course, to his attempt to cfrIcumvent the amendment of the zonidg by-law, some time along Massachusetts Avenue. In the light ofthis lot it'isrsuggested that you scrutinize with care a Aro �'°e by it is .suggested lucrative althoughthe might � ' posals Presently made by him_which , y g Prove to him, are deemed by two, local .Boards to be actually dangerous to the tounspeople� This suggestion is made, not s� withstanding the eminence of any counsel whom the owner mary. see fit to engage in his behalf," Board of HealthI should appreciate your advising me, as counsel for-the , of any action taken by your Board upon the pending .application. In the event, which I trust is unlikely, that you choose to disregard the clear warnings of danger which that Board has protect itself from later criticism b given, I shalt advis®,'it to People of north Andover what its y mng it extremely clear to ill-the Position has for some time--been . Very truly yours, Arnold H.' Salisbury i - i i Pe~colation .Tests SUBSURFACE SEWAGE DISPOSAL SYSTEMS Designs -SPADA TADDEO ZABAR EAst Boston 7-5420-M OLympic 3-8981 AVenue 2-3354 OLympic 34093 REGISTERED SANITARIANS C 32 WASHINGTON AVENUE NATICK, MASSACHUSETTS 0 P ,January 9, 1957 Y Par. George d, Coogan District Sanitary rwtgineer Northeastern District North Reading State Sanatorium North Wilmington., Xass, Dear Por. Coogan Herewith is submitted -a plan of sewage disposal for a 2 family house located at 100.1 Osgood Street, North Andover, Massachusetts owned by Mr. Arthur B. Colgate. The house is presently serviced by a single cesspool-as shown an the accompanying plat. This cesspool will be abandoned. The new system is designed for 2 bedrooms per fam1.2y for a total. of 4 bed- rooms, C automatic clothes Mashers,. ? dish washers,. and 2 garbags grizide.se it is proposed to discharge all sewage and waste mater to a 1500 gallon septic tank as sbown or to two smaller precast tanks in series 1000 gallon tank to a 500 gallon -tank. Settled sewage effluent win then flaw to a distribution boas and into a 10W square foot leaching bed. Leaching lines will be 4" orangeburg or 4" bell and spigot tale laid at a slope of u to 6 inches per 100 feet. Percolation tests were performed by the writers on Dec- ember 1, 1956 in accordance .,with Massachusetts i3.P.H. procedures. The results of the test was as follows: 0t1 911 loam T; 9" - 13" subsoil 13" - 45" saatcy_Yr clay Percolation rate. 4*3 minutes per inch.. do dater was encountered at a depth of 69 inches* The minimum criteria of square foot per gal: is therefore used. 1500 gallon tank = 150% . 1000 gallons a 1000 square feet. Approval of this plan is respectfully requested. •E 1 60�� . . Melvin 3+. Zabar Spada,, Taddeop umbar Public JorksD No. Andover `Board of xeath, No„ Andover • r OSGOOD STREET gi.58' 70' 46'To gtSB --s 10.89'Te MN6 se A2 30 E X15TIN6' G-A5 TATiON ' �roPased new -50 ew3 0 � 135 _=` t�sfQE,arf 11�5 N i HARDWARE v 1, of 8 T0 �- FLOOR 120 130 DRAIN o,I AL. , N Q Boo G t Trop' SOO GAL SEPTIC 6' ./ rANK'-5o D 18 T. BOX Vero 145 ' 26' 4 LEACHING 33'1 D15t 4 TE8TTRENCHES PIT ZONED 115 FOR gas 8 U 8'I NESS 200*3reet fo NWM -OS Pond test O Pit wotc'- table, at 113.5 SEWAGE DISPOSAL SYSTEM FOR ARTHUR B. COLGATE NO. ANDOVER, MASS. SCALE 1"=40' JAN 7, 1957 SPADA) TADDEO , t ZABAF R. S. /OA . 104 3 _ a . r.l F 3/8" STEEL RODS I A I I - 1 --- A 3-5v4" (boo MANHO[E ( 8� 4� —T 1 2314 ` 1 ((000) (800) 70P VIEW SPHALT SEA4Z 9/ D/STR/BUi 1ON BOX i3" t v C, ? 2 f� iS' x 2e T 4#1 20" Is1.7.1IL A -2 O O O-LS 6" .i �A1�P/IAcT SEAc SNiPLAPJOlNT • SIDE VIEW q'-l• ((000) # G Plug Si-ub6 not Jsro For j- Poss,b/e u pa �. �i/E(AE�S�EEL � tctrr< ¢x nsfon} "R 3" WIRE RF/NF. �'. T SECTION A-A SEPT/C TANKS 126" Backfi// S/ope 4" ,r, 100 ft. VS V4" Slone a o •o o •o' . 0 . e• . . o e tit •0 6110 0 o• �T (0 � /4"-2 %2" 5{0he 9uysu2-i9CE LERclwAIG rpemchl fOA 2 of 3 18M.H.CovER IN METAL ;FIM Qr4v/e Slop¢ /�8"/LaeE 2• Yp 4 a✓er f la— p,re Izvz w,A iol'at boylor►f � $aq Uv¢rf/ow o • sI / 2' Crushad 3+-Gna o' IA o b (_k j i I! - ((pC DIA:. Plan LEACHING( PIT No Sc41e 4" Vent S{CL•'fdQrd !~Q F3Gr'ov. MQnhelrr cove 24" Gra � 24' 4"Cl. filet o' '/a" loh43 bgnof , S/QGI? �• f,� 5" Gvatfc.- _ Ll 8" 3•-6" 4irouAt lroM 0• ----=TGA '�` , ! 9 STANOHR O MDC. APPROVED Sivps : 4 4 Gns m N E TRAP brick wasonrt� a � D 4- Port tared Coh cv-¢k t SCALE 'Aa" = 1 Fool /OR 3 of N 0 o o sr o Off baa COP � w fir' pubo+ ��a j SPR CRS;' /RON TlciHT y� J ora rs UAWFA aK AVE" E� 405' To Lake 5� PLAN OF SEWAGE DISPOSAL SYSTEM FOR ARTHUR B. COLGATE No. ANDOVER i MASS. SCALE 1"-40' DEC. 1956 SPAOA, TADDEO }�, ZAeAR R.S. SHEET T OF3 l5' TOP VIEW r—— — — — — —— — —, TOP V/EW 3/0" STEEL moos I D/STR/BUMM BOX /8"Xie, ( I A�ANNocE to .; 22" a" 4.5!4' 20,. 2 314 46 SIDE VIEW 5EPTlC TANK 4" ASPHALT SEAL U /4 f Svc. TCC 12" �„ �: lei" , 17 t: SN/OLAP JOINT r 0 ASPHALT SEAL �• is , �. i! WELDEo STEEL j .. i. WhRE RE/NFOprcnvG . SECTION A-A No SCALE SHEET 2 OF,3 Slope %8`��t. slope%'/S't N•/, til---� � a►u 9L 12/t EL 122,.75 123 123:2 123.¢ 123 (b EL 124 (Soi I pip¢ invart) PROFILE OF SEWAGE DISPOSAL SYSTEM NO SCALE FINISH GROUND IELCV"?-r10" /26 13ACKFI LL STOWE' e o e o e 0 0 e 0 0 0 0 0. 0 0 0 0 o 0 0 0 0 2' 2" STONE bu Ou SoTToM or _ AFfKH BED OR/G/IVR/. &ROUAIO Sc t E- 1'4-- 1 FOoT S ECT I O N THROUGH LE RC H I NG B E D SHEET 3 OF3 �r. Air L. -alts tv 1 tfi n "trAA Itiac pit +�4.#� a .7F Yi iY W78+1 ��� As t4w r of vw pr .r at lou 4w, 4tt 6rost Paw �tJs b e� S-t- Org to rpt thio alisoufto of filt)a *04 cavmv of O'e, s oxisti sold p = # *.r4 towaist-'ne *' r t wv lw;kwlfic* u to a' , 'kms a7., 7,25 or atptor III a the ural too al the is tb -vt ftoxwchuo6ttvp u4r pdlcxu to, ' with this with!.- vwwy-f~ urs may 1 ai*• iV la a ai+MF1f lml up 1At 1iR"'N`deN ':.wt ;,aup rad Oa��� ""9d� ,.l uc a►� r� William A. Finneran, Chairman Raymond Broadhead Arthur P. Kirk TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN >} ORTyKx �o ! F APRIL711 :p, J. 66 k •• 18e��J •q• d' Pywtwr+ ` November 6, 1956 Board of Health North Andover, Massachusetts Gentlemen: As you know the Selectmen appointed Attorney Arthur A. Thomson to act as counsel for your board but due to ethical reasons., Mr. Thomson has declined the offer. The Selectmen have rescinded their previous vote and they now appoint Attorney Arnold H. Salisbury to act as counsel for your problem. Very truly yours, BOARD OF SELECTMEN WAF:D William A. Finneran, Chairm A William A. Finneran, Chairman Raymond Broadhead .Arthur P. Kirk TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN rst f jORTy9t�r 2 <` CR90Rgr� cA c:'�` ► t[+• APRiL7TT :�V J. s9S•• '� a sgCHU5 ., sr►rrr'�i� November 6, 1956 Board of Health: North Andover Gentlemen: The Board. of Selectmen voted to grant permission to engage legal counsel for the matter referred to in your letter of November 1, 1956. The Board voted unanimously to appoint Attorney Arthur A. Thomson as counsel for your Board and we will notify him of this action. Please send your information concerning your problem to Attorney Thomson and he will go on from there. Very truly yours, . BOA RD OF SELECUEN Q• , WAF:D William A. Finneran, Chairman RESIDENCE 29277 OFFICE 31040 ARTHUR A. THOMSON ATTORNEY-AT-LAW BAY STATE BUILDING LAWRENCE, MASS. July 3s 95 1 6 Board of Health Town Building North Andover, Mass. Dear Sirs: This is in reply to Miss Sheridan' s letter dated June 28th last addressed to Mrs. Sara Beck relating to premises owned by Mrs. Beck on Great Pond Road. I am informed that Mrs. Beck employed an architect who drew plans some time ago, a copy of. which plan was left in your office with the understanding that Mrs. Beck was to hear later from your Board. At a subsequent time , the sanitary engineer employed by your Board visited Mrs. Beck and it is my understanding that he was to advise as to what was required to correct this sanitation problem. Your letter of June 28th last is the only advice received from your Board since that time. Will you now be good enough to advise me in what manner correction is desired and as to what the specifications are which you may require relating to this problem. Yours very truly, Cj t- -1 yvl,� D� AAT:LHK Arthur A. Thomson w �p>` J. p r 1 n ? October 5$ 1955 Mrs. Sara Beck 21 Ridge Road Lawrence$ Massachusetts Dear Mrs. Beck: The State Department of Public Health has recently completed a sanitary survey of the watershed of Lake uochichewick, the source of water supply for the town of North Andover. This report states that at The Lakeside .pilling Station, owned by you, there is "evidence of past overflow of a cesspool, a violation of Rule 3.11 A copy of the Rules and Regulations adopted by the State Department of Public nealthfor the purpose of preventing the waters of Lake (,,ochichewiek is enclosed. You are hereby notified to submit a plan for approval, showing how you will correct the nuisance to this department within ' ten days, Before you begin the correction, the Board of Health requires you to obtain a permit from the department, which permit is granted only after the necessary tests have been made and the plan submitted by you has been accepted. With reference to notice of flay 27th, concerting the violation at 15$6 Osgood Street, I am sorry to inform you that the pian submitted appears to be inadequate and respect£fiill�.y suggest that you arrange a meeting with Mr. Romano also within ten days to discuss this matter. If at the expiration of time allowed the requests of this notice have not been met and no cause aforesaid be shown, such further action as the law requires will be taken. Yours very truly, BOAr_D RIF Hr.ALTH By Mary F. Oheriden$ Agent Enc• Y l l 2nd COPY BOARD OF HEALTH North Andover Massaohusetts October 5, 1955 Mrs. Sara Beck 21 Rid ge Roa d Lawrence , Uassachuse tts Dear Mrs. Beck The State Department of Public Health has recently completed a sanitary survey of the watershed of Lake Cochi,chewick, the source of water supply for the Town of North Andover, This report states that at the Lakeside Filling Station, owned by you, there is "Evidence of past overflow of a cesspool, a violation of Rule 5." A copy of the flules and Regulations adopted by the State Department of Public Health for the purpose of prevent- ing the waters of Lake Cochichewick is enclosed. You are hereby notified to submit a plan for approval, showing how you will correct the nuisance to this department within ten days. Before you begin the correction, the Board of Health requires you to obtain a permit from the department, which permit is granted only after the necessary tests have been made and the plan submitted by you has been accepted. With reference to notice of May 27th, concerning the violation at 1988 Osgood Street, I am sorry to inform you that the plan submitted eple ars to be inadequate and respectfully suggest that you arrange a meeting with Mr. Romano also within ten days to discuss this matter. If at the expiration of time allowed the requests of this notice have not been met and no cause aforesaid be shown, such further action as the law requires will be taken. Yours very truly, BOARD OF HEALTH ( Sign ed) By Fury F. Sheridan Agent 2nd copy BOARD OF HEALTH North Andover Massachusette June 28,1955. Mrs. Bars Beek 21 Ridge Road Lawrence, `Mas-sachusette Dear Ars.' Beak» According to records of October 1955, in the Health Dept. Office, the Board members were of the opinion that you would secures a Sanitary Engineer to d raw plans for correction of violations reported to you on May 2701955 and October 5, 1955, concerning private sewerage disposals systems on premises' owned by you at 1989 treat Pond Read and the Lakeside Pilling Station in North Andover. To date no plans have been received. You, as owner, are hereby notified to submit duplicate plans for approval to the department` within 2 weeks of the services of this not Lee, If I, at the expiration of time allowed, plans for approval have not been received and no cause aforesaid Abe shown, such further aotion will be taken as the law requires. Yours very truly, BOARD OF HEALTH 5i ga ed) By Mary F. Sheridan Agent 2nd Copy BOARD OF HEALTH North Andover Massachusetts May 27, 1955 Mrs. Sara Beck 21 Ridge Road Lawrence, 'Aassa.chusetts Dear Mrs. Beck In connection with a sanitary survey , now being conducted on the watershed of Lake Cochiahewick, the source of water sup' ply for the Town of North Andover, cesspools were found to be overflowing on premises occupied by Mr. Stone end. Mr. Haphey at 3986 Great Pon d Road. It is understood that you are the, owner of this props rty. you are hereby notified to remedy the' nuisance within a week. The overflow of sewage from these cesspools constitutes a violation of the rules and regulations adopted by the State Department of Public Health in 1912 for the purpose of preventing the pollution of the waters of Lake Cochiahewick. --.- Before you begin the correction of the systems, the Board of Health requires you to obtain a' permit from the department, which permit is granted only after the necessary tests have been dme by our .Sanitarian and a plan submitted by .you hes been accepted. Should you care to discuss the matter further or obtain any additional information heretofore, please consult the Forth Andover Board of .Health. Very truly yours, BOARD OF HEALTH (Supe d) By Mary F. Sheridan Agent i I♦ A May 27* 1955, Mrs. Sara Beck, �� a 21 Ridge Road,, Lawrence, Massachusetts. Dear Mrs. Boek*O In connection with a sanitary survey now being conducted on the watershed of Lake Cochichewick, the source of water s4pply for the town of Forth Andover,cesspols, Frere found to be overflowing on premises occupied by 14r. Stone and Mr* Haphey at 1986 Great Pond Road# It is understood that you are the owner of this propertyo You are hereby notified to remedy the nuisance within a week. The overflow of sewage from these cesspools constitutes a violation of the rules and regulations adopted by the .State Department of Public Health in 1912 for the purpose of preventing the pollution of the Maters of Lake Cochichewick. Before you begin the correction on the systems„ the Board of Health requires you to obtain a premit From the department, which permit is granted only after the necessary tests have been done by our Sanitarian and a plan submitted by you has been accepted:. Should you care to discuss the shatter further or obtain any additional information heretofore, please consult the North Andover Board of Healths. ' Very truly yoursp By - Mary F. Sheridan, AGENT I` BOARD OF HEALTH 4 7 , . _ .,• _ , � � . . .. . -GLS�-.�.C� � 7}�,� ; :,. . i�' , . OFFICE RESIDENCE MURDOCK 2-1867 _ MURDOCK 3-3243 ' CHARLES W. TROMBLY ATTORNEY - AT - LAW 523 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS March 12, 1962 North Andover Board of Health Mary Sheridan,, Agent Town Building North Andover, Massachusetts Re: Arthur B. Colgate property 1964 Great Pond Road., No. Andoverj, Mass. Dear Mary: Will you please compile all of your records and notes pertain- ing to the unsanitary condition of the duplex house that was taken by the Town in 1958. The notes for the years 1958 back through 1954 will be the only ones I am interested in. I The reason for this is that the Petition for Damages is to be heard in the Lawrence Superior Court on Monday, March 19, 1962.and I would want you to have this in readiness so that you could testi- fy from your official records. Trusting you will gather these figures and contact my office, I remain Sincerely S' Charles W. Trombl CWT:c OFFICE RESIDENCE MURDOCK 2.1967 MURDOCK 3.3243 CHARLES W. TROMBLY ATTORNEY . AT . LAW 523 BAY STATE BUILDING LAWRENCE, MASSACHUSETTS August 20, 1958 i North Andover Board of Health Julius Kay, Chairman Town Hall North Andover, Massachusetts Dear Sir: Please be advised that on August 15, 1958 the Board of Selectmen for the Town of North Andover executed the taking of the Colgate property one Great Pond Road in North Andover, Massachu- setts. This was authorized at Town Meeting on June 9, 1958 and was approved by the 1111assachusetts Board of Public Health on June 12, 1958. T further advise you that on August 18, 1958 the said taking was recorded in the Registry of Deeds at Lawrence and the interested parties were notified. li Sincerely yours,,.,-- C rles�.�-Trroombly CViT:JPM i OFFICE RESIDENCE M URDOCK 21967 MURDOCK 33243 I CHARLES W. TROMBLY ATTORNEY - AT - LAW 523 BAY STATE BUILDING I LAWRENCE, MASSACHUSETTS June 12, 1958 North Andover Board of Health Julius Kay, Chairman Town Hall North Andover, Massachusetts Dear Sir: I officially advise you that the Town Meeting of June 9, 1958 authorized the Selectmen to take the Colgate land along the shores of Lake Cochichewick or any portion thereof. The State Department of Public Health held a hearing on the same on June 9, 1958 at 1:30 p.m. in Boston. I attended this hearing as your repre- sentative. You should be notified directly by the State Department of Public Health of their action. I would appreciate your advising me when you have re- ceived word from the State Department of Public Health so that I may arrange a meeting with the various departments to perfect this taking. Sincerely yours;" ha rle s W. Trolfib ly CVT:JPM 5M-9-57-921118 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF I PUBLIC HEALTH STATE HOUSE, BOSTON 33 � M ll art S. Da f ,, &AW1***"tett #art NORTH AXWVZR !loa�►i aat Tv ltl +ie 1Marke Of A04ai"t"m at, aoirlllt rVe r, me"admulotto for t is" rodloa►Mit;t ra14*9 a &ewoe at Kotm sm"ILY far the TOM Daae aft': fts tt Of Pub3.ts Hi► r, r "fit ap � too, 2,' „ WN bowl a pu lia h0awasow para taw of tbo mmwal Lma's chapter 's aoat 40 �� Its dila aa�tia�'3t#ta ail` laaAs tsv Water 6"0179 &&ke �ts�i a�►rw � �ht AWI&40 0 w" p�rsaaetarR ! t) 4 bbemsswr Ii i '!Q tk* irf tbo rowel preawsr at the t�►s=fit ill to Artbw S. 60360+ 6 sf at Ylug +M1�dti a the on boo 144 lip", alt + i i Loi in i~t2--- thM ma toot as a vm*kft • tbmvs It 2A -43 -3% Vm, 47.1 toot a la* ad` latwys 11li s Nub wasw 1111ft of tiro later,* t 745 , to a polut In tb* $4406 wall &t Is" Of 460 sostaa rl* t T we "000 usu as laid tAa► taat 1tT ayt 1 4404 to a /1r iirt* is ibe V",- It ti. _ ���,► � •� pont t* as IV40, pt am" -" 2300" t as t* iraa ptpo w -- '�r evatbor I� at mat la" 1lo*# I s 74 -20 -03 r. 45.45 fast t* sss,% County pAxody tbsnss 3 73 -16 -255 �* '' *:50 *t to ths point Of bre containing 1.05 *erss or sa. Ursa ars ghowaon s pl*A titlodl Loi uIfiI To DO AcquIrO t "4 m Arthus tom. 1958 comissionor of Insalth worth AM~ sjO*v# of Seloctmen CbW lsx W* Trombloy 523 BOY stats sulld'ng I�s�tsr inch atsr 2 C ,00WIV OFFICE OF �3�; ,npat,, •. TOWN CLERK 1 r��m*01" NORTH ANDOV<R •� lass • • f•. MAssACHustTTs �iciiu�• r JOHN J.LYONS.TOWN CLMK June 10, 1954 Charles W. Trombl , Tsquire 523 Bay State Building Lavmenoe, Mass* Dear Sirs At the Special Town Meeting held in the Veteran' s Auditorium of the North Andover High School on Monday`Evening June 9, 1958 at 8 P.M. , the following article appeared in the ; 'w.arrants AhTICLE 8. To see if the Town will vote to raise and appropriate a or provide by bond issue or transfer from available funds a suffic 'L .t sum of money to allow the Town to purchase, take by eminent domai or otherwise acquire a parcel of land and buildings thereon on th watershed of Lake Coohiohewiok now owned by Arthur Be Colgate anciR, bounded and described as follows: Beginning at a point in the southerly line of Great Pond Road said point being the northwesterly corner of land now owned by the Town and used as a pumping station lot; thence S 16 - 43 - 35w, 47,16- feet to a point in the high water line of the lake; thence westerly and southwesterly, by the High water line of the lake, about785 feet, to a point in the stone wall at land of the Boston University; thence westerly by the stone wall and land of the Boston University, about 130 feet to a drill hole in the- wall; thence N 15 - 39 - 57E, 230.0 feet to an iron pipe in the southerly line of Great Pond Road; thence by the southerly lino of Great Pond Road, S 74 - 20 - 0 E, 45,45 feet to an Essen County Bound; thence S 73 - 16 - 25£s, 38.50 feet to the point of beginning. Containing 1.05 acres, more or less. Petition of the Board of Health. Under the aforesaid article the following was voted: VOTED that the Town raise and appropriate .for the purpose of „ acquiring by purchase, taking by eminent domain or otherwise from the owner or owners the tracts of land as described in this Article or any portion of said land described in said article and for the purpose indicated in said Article, that the Board of Selectmen be and hereby is authorized to sot for the. Town in oonne.otion with thin Article or take any other aotion in relation thereto, and that thv _ a ,•��af' I_�TinwtgasjT MmAT•AA_A.n1L ,t arZ �G E►C3D Ont hA taken from Qyer Surplus to used in whole or in part b* sa d of Selectmen, for the purpose of this Article. The vote was unanimous and so deolarod, A true oopys ATTEST s 4 . ' ZT0M J. �a. Town C1e _- w kWr• •'. TOWN OF NORTH ANDOVER, MASSACHUSETTS 4 OFFICE OF BOARD OF SELECTMEN tY ORTy wwYoE•l•.�'o... 9 .J ��:d�ORPo�Tfp�Otr 1 t Oso : r �F� Avnll.M .x} 1855 'g•�w sw SSACHl1`-I�'.e'I �rwwrwrr'' May 28, 1958 Dr. Julius P. .Kay, thY Lirman Board of Health North Andover, Massachusetts Gentlemen: We respectfully request you meet with the Board of Selectmen in this office on Wednesday, June 4, 1958 at 7:30 P.M. to dis- cuss matters relative to land taking at Lake Cochickewick. It is hoped you will be able to attend this meeting. Very truly yours, BOARD OF SLG EC°1IAM n Ralph E. Finck, .Chairman REF/?in i { May 28, 1958 J P erre 3 is heireby given that application has been made the tonin of North Andover for the approval of this the acquisition by purchase or otherwise of a certain pArdei of lid in North Andover on the watershed of Lake Cochichewick, source of water supply for the town of North Andover, for the prpose of protecting the water supply of said town of North Andover in said pond. The parcel pro- posed for taking is located northwesterly of Lake Cochichewick, southerly of Great Pond Road, opposite its intersection with Osgood Street, and do ,rises an area of about 1.05 acres and is owned by Arthur A. Colgate, 41 Franklin Road, Winchester, Massachusetts. In response to said application the Department of Public Health acting under the provisions of Chapter 40, Section 41, of the General Laws$ will give a hearing in the office of its Division of Sanitary Engineering, Room 511, State House, Boston on Monday, June 9, 1958 at 1:30 p.m. A plan showing the parcel in question is on file in the office of the Division of Sanitary Engineering, State House, Boston, and in the office of the Board of Public Works of the town of North Andover. By order of- the Department of Public Health. Very truly yours X, Commissioner /Ad Y 1 .