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HomeMy WebLinkAboutMiscellaneous - Exception (67)North Andover Board of Health: Summary of some Examples of Failure to Enforce .....__.._ and Implement 310 CMR 15.00O, Tide 5 of the State Environmental Code iithin the IYlalnut Ridge Subdivision. An engineered site of 10 New -Construction Homes, 9 currently occupied (the last one in Dec 2000), bordered by Vegetated Wetlands, served by detention basins for stormwater management, with numerous properties (house only) located within the 100' Wetland Buffer Zone. Consequently, space for the locations of various structures (house, driveway, various access and septic easements, septic system, etc) is limited and little tolerance exists for deviation from approved elevations and locations for these structures. The `complexity" of each lot is a matter of public record and there is a complex interaction of these structures within each lot as well as between adjacent lots. Failure #1: Violation of 15.003(3) by Board of Health A regulation in the "Town of North Andover Minimum Requirements For The Subsurface Disposal Of Sanitary Sewage, revised June 1997" that is less stringent than Title 5 mandates. This Board of Health regulation that we detail in our documentation, is virtually the first step in the local Title 5 inspection. process that ensures septic installation work does not proceed in the event that site conditions differ from approved design plans with respect to location and elevations of the foundation. The loophole presented in this regulation enabled contractors in this subdivision to deviate from approved elevations (even though there is an overall requirement to comply with approved plans) and resulted in significant problems faced by homeowners - problems we have documented for their negative impact. Failure #2: A property occupied since May 2001 where, according to public record, the top of the distribution box and leach trenches are installed at a minimum of 48" to 54" below finish grade, in violation of 15.221(7) for a maximum of 36" below finish grade to the top of these components. No variance sought. Failure #3: A property occupied since May 2000 where, according to the public record, the downhill slope setback to the soil absorption system is not the 15 feet per 15.211 (1), instead for leach trench #3 is less than 5 feet and for leach trench #2 is less than 10 feet. No variance sought. Failure #4: Failure to ensure that the numerous recorded septic grading easements were depicted on the approved design plans as per 15.220(4)(b) — only 1 out of a total of 9 septic easements (appurtenant to one property in and over another property) was depicted. More significant, was that no septic easements were depicted on the plans showing all the various structures approved by Planning for this subdivision. Because the location of these septic easements was not depicted, neither Board of Health nor Planning were able to consider the impact of various structures such as driveways, detention basins, septic systems, etc. Additionally, by omitting these septic easements altogether, at least one extra lot was allowed to be squeezed into the subdivison. This has resulted in the following problems in the field: • the wetlands have possibly been overburdened and the site and individual lots are intolerant of relatively minor deviations from approved plans because space for siting of various structures is limited — problems arising as a result are documented; • various septic easements have been permanently compromised and are unusable due to the siting of structures that cannot be relocated or be subjected to any elevation changes; 000, • at least one septic easement is inappropriately sited, in that it impacts a detention basin; • Board of Health keeps a record of easements on file but appears not to understand the significance of the Title 5 requirement needing septic easements to be depicted on plans irrespective of whether or not they form part of the design requirement for the system depicted. Situation not helped by the concomitant ignorance of this provision by the engineers/designers who submitted these plans and of the engineers reviewing these on behalf of the Board of Health. However, most laypersons (including us) understand the significance of such an omission! Failure #5: Two properties occupied since August 2000 and Sept 2000, respectively, without receiving Certificates of Compliance for the septic installation, in violation of 15.021(5), but receiving Board of Health sign -off approval on the Building Permit. The reason for no Certificates of Compliance being issued, as stated to us by the Health Inspector, was that certain Title 5 requirements remained unfulfilled and were "minor" in nature — if indeed these are minor then compliance should have been sought before occupancy. Failure #6: Frequent issuance of Disposal System Construction Permits well before Foundation As - Built location and elevation plans were examined, a requirement under local regulations that supplements Title 5 requirements for sufficient inspections both prior to and during septic installation, such as those under 15.020(1) and 15.021(2) and (3). The subsequent approvals of these Foundation As -Built plans by Board of Health after permits were issued was often an academic exercise rather than a true attempt to look for deviations from the approved foundation plans. Any lax approach at this stage is seriously negligent because this is a crucial early inspection stage in the septic installation process — caused numerous problems for homeowners as a result of deviations from approved locations and elevations. Failure #7: The various administrative failures above, that appear to be routine operational practice at this Board of Health, played a large role in allowing a septic installation at our property that according to facts in the public record should never have been allowed to occur in the first place, let alone proceed to completion. This system is in significant violation of Title 5 requirements with respect to property line and/or downhill slope requirements. Before we, and our own independently -retained engineer, could attempt to effect compliance, we had to both detect and unravel many of the failures listed above. We have documented more extensively the myriad problems left on our doorstep, all as a direct result of this Board of Health's administrative failings. These include loss of a section of a recorded septic easement that is permanently compromised by location of a permanent structure within it, preventing us from its use for meeting setback requirements at the property line for our existing non-compliant system. The dollar costs for dealing with this non-compliant septic installation have already run into the tens of thousands for us. Sandra Starr, Health Director Town of North Andover 27 Charles Street North Andover, MA 01845 Sent via Certified Mail 105 Rubins e Laney �'I / re—/Ur 105 Rolling Ridge Lane �./� Methuen, MA 01844-2669 Friday November 22, 2002 Re: Septic System Installation, Lot 2 (101) Cricket Lane OF HEAL7H ff Nth 25= I fi '! Dear Ms Starr, In our letter to you dated August 15, we asked "... at your earliest convenience, we would appreciate a letter from your department indicating exactly what is required in order to issue us a Certificate of Compliance for our septic installation.". To date, we have only received verbal information from you regarding all matters related to the septic system non-compliance issues at the above property. Your latest demand involved a verbal cease-and-desist order to the slope retention wall work being performed at our property via a site visit by your inspector, Mr Brian LaGrasse. In subsequent communications, including a phone conversation with Willis, you insisted that our instructions to Mr Daniel Giard, whose name is on your department's list of installers, to obtain a Permit for the repair to the leach trench were not acceptable to you and neither was our using Mr Steven Ericsen, our certified engineer/designer, for certifying the slope retention wall plus barrier installation. You have demanded that we ask an installer to accept liability for both the repair and retention wall plus barrier work and for the installer to obtain a Permit under those conditions. We are unable to find any installer willing to accept this degree of responsibility or liability. More importantly, we are unwilling to partake any longer in this debacle regarding your handling of matters related to the septic installation at our property. We wish to comply with state law. That does not mean concealing the role you have played, whilst our former builder was still the owner of record, in failing to prevent the installation, as per the original approved plans, from proceeding in the first place because existing conditions significantly deviated even before installation work started. That was negligent enough. You then allowed work to proceed as far as final inspection stage in November 2000, once again whilst our former builder was still the owner. We have filed a formal complaint against you and Mr LaGrasse with the Department of Environmental Protection for your mishandling, incompetence and misconduct in all matters related to the non-compliance of the septic installation at our property as well as irregularities and viola 'ons you have allo d at others in this subdivision. Sincerely, 1�� r Willis A M Hendley Rubina Hendley cc Heidi Griffin, Director, Community Development and Services Division -Mark Rees, Town Manager Rosemary Smedile, Chairman, Board of Selectman Ms Heidi Griffin, Director Community Development and Services Division Town of North Andover 27 Charles Street North Andover, MA 01845 Sent via Certified Mail lIkAY-11 Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844 Tuesday November 12, 2002 NOV 18 Re: Encroachment of septic easement appurtenant to 101 (Lot 2) Cricket Lane,' Walnut Ridge Subdivision Dear Ms Griffin, My husband, Willis, and I are the owners of record for the above new -construction property that we took over in late May 2001 from our former builder, with a Homeowner License Exemption for its completion prior to receiving occupancy for ourselves and our son. We discovered in September this year that a septic system installed at our property in early November 2000 fails to comply with Title 5 and local regulations regarding setback and/or side -slope requirements for the leach trenches nearest to the adjacent lot line. The only way to bring this existing installation into compliance is with the construction of a slope - retention wall, with the inclusion of an impervious barrier to mitigate sewage breakout, neither of which were originally installed. Our septic designer submitted this wall plus barrier revision to the original approved plans on Monday October 21 and we received notification from him on Friday November 8 that your Board of Health had approved his proposal. At a meeting we had with Mr Rees on Thursday 31 October, one of the concerns we expressed to Mr Rees was that our ability to use a section of our deeded septic grading easement had, effectively, been permanently compromised. At Mr Rees' suggestion, we are making our concerns known before the subdivision is conveyed to the town. The driveway for Lot 3 cuts across our lot line, but much worse is that it also encroaches upon a section of a recorded septic grading easement appurtenant to our lot in and over Lot 3. This property was sited in the wrong location and at a lower elevation compared to the approved plans (refer to enclosed copies of approved and as -built plans of Lot 3) and the driveway that serves it has rendered a section of our easement unusable for the purpose it was deeded to us, namely the right to access, excavate, add fill, etc. Had our septic easement not been compromised, we could meet setback requirements firstly, by building a slope -retention wall plus barrier in the area within our lot beyond the end of the leach trench closest to the lot line and secondly, by adding fill into our easement area to the side of the same leach trench. Should we decide to go ahead and use our deeded easement, not only would a large section of Lot 3's driveway need to be removed, but also, after adding the required fill, the elevation of the replacement driveway in this section would result in a significant raised hump. We cannot, in all sanity, leave our neighbors with this Of obstruction. Thus, we have been forced into the position of the considerable extra expense of extending the slope -retention wall plus barrier into this easement area, instead of the much shorter wall length we would have required had we been able to add fill instead within this easement. I would also like to point out that none of the numerous recorded septic grading easements have been depicted on any of the Definitive Plans for this subdivision. A similar situation exists with regard to the absence of septic easements from the various Septic Design Plans, with the exception of one septic easement only (other than ours) having been depicted, namely that for Lot 9. The only easements that have been depicted on these various plans are the access/maintenance easements for the drainage systems and detention basins. This omission has played havoc with and added delay to the efforts Willis and I have been making to seek compliance for our failed septic system. Our septic designer was relying on the veracity of the original approved plans on file, none of which he had prepared, in order to revise them for inclusion of a retaining wall and impervious barrier. In September, he submitted his first proposal for a wall plus barrier within our lot based on the information available from the approved plans, which did not depict any septic easement appurtenant to our lot. This first wall plus barrier proposal was rejected by your BOH because minimum local setback requirements to wall footings could not be met within our lot. It is fortuitous that Willis and I knew about our septic easement in and over Lot 3. Once we pointed it out to our designer and, for the reasons above, further discovered that a section of this easement was rendered unusable, we could still seek compliance by siting a retaining wall within the easement, which is the proposal that subsequently received BOH approval. Meanwhile, it appears that no action has, to date, been taken by the relevant town departments to examine the implications of this omission at other lots. I have just described the material loss to us by due care not being exercised by the builder/developer at Lot 3 with regard to our easement rights. Your Conservation Department, for example, needs to consider the impact of the septic grading easement, appurtenant to Lot 5 in and over Lot 4, which if it were used might impact the detention basin in its vicinity. In the matter of interference with our septic grading easement, Willis and I would be grateful if you would ensure that the appropriate parties are informed and let us know, at your earliest convenience, the process for having our grievances resolved. Sincerely' tG^ l Rubina Hendley Enc: 1. Copy of Final As -built of driveway area at Lot 3. 2. Copy of Approved Definitive Plan showing relevant section of Lot 3 driveway. (I'he septic easements for copies 1. and 2. drawn in by hand since never depicted.) 3. Copy of recorded Septic Easement Plan. 4. Copy of Approved Septic Design Plan for Lot 2, 11-1-02 revision. cc Planning Department Conservation Department (letter only) Board of Health (letter only) Mr Mark Rees, Town Manager (letter only) I . Ale NORSE ENVIRONMENTAL SERVICES, INC. 3 Pondv/ew Place Tyngsbo% Mass. 01879 TEL. 649-9932 TO /',X% /iN i� c� Vf A ACLzz INAS , UUAL OAF[ JO• HO " ATT[h TION ME i FT l ti ❑ 2Z2r ❑ Approved as noted ❑ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order O the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION ❑ 2Z2r ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 THESE ARE TRANSMITTED as checked below: IQ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US . COPY TO SIGNED: Town of North Andover `4 OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 March 25, 1999 Les Godin Merrimack Engineering 66 Park Street Andover, MA 01810 Re: Lots 1-10 Cricket Lane, North Andover Fax(978)688-9542 Dear Sir: This letter will serve as your notification that the proposed septic plans for the lots specified above have been approved for dwellings with a maximum of nine (9) rooms. If you have any questions, please do not hesitate to contact this office. Very truly yours, Sandra Starr, Administrator SS/gb cc: Copley Development BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 0L 0 --• .... I/ Fax(978)688-9542 Dear Sir: This letter will serve as your notification that the proposed septic plans for the lots specified above have been approved for dwellings with a maximum of nine (9) rooms. If you have any questions, please do not hesitate to contact this office. Very truly yours, Sandra Starr, Administrator SS/gb cc: Copley Development BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 own of North Andover, Massachusetts For No, z. M6RTM BOARD OF HEALTH a0 ? •_;t. !. , w DESIGN APPROVAL FOR SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Applicant >/ LT-` ZX Test No. Site Location Z6T. - lC,e—%r Z'P/V,: �;' Reference Plans and Specs.leb-el'lk4k,Z,�� ENGINEER DESIGN DATE Permission is granted for an individual soil absorption sewage disposal system to be installed in accordance with regulations of Board of Health. Fee *A C AI MAN, BOARD OF HEALTH Site System Permit No. 015 S1 TIC PLAN SUBMITTAL 1 RM 19 LOCATION: LD—r NEW PLANS: YES $125.00/Plan REVISED PLANS: YES $ 60.00/Plan SITE EVALUATION FORMS INCLUDED: YES 0 DATE:— I I - q DESIGN ENGINEER: �11�7021 t-1 A e,1� DATE TO CONSULTANT: *If.you want your plans expedited, please submit four plans and included a stamped envelope with the correct amount of postage to mail plans to Port Engineering. When the submission is all in place, route to the Health Secretary. SEPT C PLANSUBMITTAL FC l.S LOCATION: NEW PLANS: YES $125.00/Plan �. REVISED PLANS: YES $ 60.00/Plan SITE EVALUATION FORMS INCLUDED: YES NO DATE: I ^ ! q " q of DESIGN ENGINEER: M Ci? i' i "P z K- 1< k G DATE TO CONSULTANT: Zq *If you want your plans expedited, please submit four plans and included a stamped envelope with the correct amount of postage to mail plans to Port Engineering. When the submission is all in place, route to the Health Secretary. Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 W -LIAM J. SCOTT Director (978)688-9531 February 25, 1999 Les Godin Merrimack Engineering 66 Park Street Andover, MA 01810 RE: Lots 1-10 Cricket Lane Dear Mr. Godin: u ti�eo 2 - �L o - A - _.. " 4 Fax(978)688-9542 This is to inform you that the plans for the septic systems proposed for the subdivision of Walnut Ridge have been disapproved for the following reasons: • The septic tank detail does not show the inlet tee extending a minimum of 10 inches below the flow line, nor that there needs to be a 3 inch space above the tees. (310 CMR 15.227(6) and 15.227(4)). • There are no benchmarks shown within 75 feet of the septic systems. (310 CMR 15.220(q)). In addition, for Lot 1: • Abutters' names are not shown. (NA 8.02j) • Design specifications for the proposed retaining wall are missing. (3 10 CMR 15.255(2)). For Lot 3: • The high water alarm for the pump chamber is not specified as to be located in the house. (3 10 CMR 15.231(9)) • Slope easement is required from Lot 4. (3 10 CMR 15.255(2)) • The slope of the two lower trenches will be in excess of 8% and at minimum a baffle is required to decrease the velocity. (3 10 CMR 15.232(3)(a)) Please consider a velocity reducer at the high end of the two lower trenches. B()A.?D GF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lot 4: • Please note that the septic tank is drafted incorrectly. Lot 5 and Lot 6: • Scale of the Plan view is not shown. Lot 7: • The scale of the Plan view is not shown. • Pump Note #4 neglects to state that the high water alarm is to be located in the house. (310 CMR 15.231(9)). Lot 8. • The estimated seasonal high water elevation- has not been adjusted to the, highest existing grade. This results in the leaching area being less than 4 feet to groundwater. (3 10 CMR 15.212 a&b). Lot 9: • Slope easement required from Lot 10. (3 10 CMR 15.255(2)) • Slope to d -box exceeds 8%, therefore, at minimum, a baffle is required. (310 CMR 15.232(3)(a)) Lot 10: • Fill around system runs to property line of abutter. Toe of slope required to be 5 feet off the lot line. (3 10 CMR 15.255(2)) • Trenches # 1 and # 1 do not show 4 foot separation to groundwater. (3 10 CMR 15.212 a & b). Please feel free to call the Health Office with any questions you may have. Sincerely, Sandra Starr, R.S. Health Administrator Cc: W. Scott File Feb -09-99 10:15A Paul -- Turbide, PE/PLS February 9, 1999 S2_ndra Starr No:* Andover Board of He lth Adim;nist-#-c!7 Officc of vvrnmunity D.-Veiapm--,it and Senices )0 SeLI001 St. North Andover, iviri 01845 RE: Title V review for Lot 2 Cricket Lane Dear Sandra, 508-465-0313 P-05 Enclosed find the "Checklist for North Andover Septic System Plans" for the above- mentioned site. The following is a list of all the `Problem' areas and deficiencies Port Ergineerirag has, found. • 31c0 CM -R 247(2) states that for a ronin-Imum of T' of I IS to 1/2 inuh stone is to be placed on the top of the leaching bed. The pian design calls for a layer of filter fabric to be laid on top this stone. There is no regulation that i could find that ailvws filter fabric to be laid over the peastone, and therefore i would recommend that the filter fabric be removed from the design. a The septic tank detail should show that the inlet tee is to extend a minimum of 10 inches below the flow line (227(6)), and that there is to be a 3 -inch air space above the inlet and outlet tees (227(4)). i iLTGacc 13 rates that bencL iiwarks- are to be placed within 75 ..fat o: t. €' disposal are -a I)efofe rron truct.ion. A cOnidition, iii 8s} pyoval of tiais design should be that the benchmark will be set as noted. If you have any questions or comments please feei free to contact me. Sincerely Carlton A .gown, PEIPLS Civ;D Engineers & Lanni $tirveyor5 One Harris Sireei Newhtiryrnrt, MA 4)950 (978)465-8594 FORM 11 - SOIL EVALUATOR FORM Page 1 No ...................................... 6 0 A ai`' Commonwealth of Massachusetts Wof TIH AWWVr--R , Massachusetts 199 • . V *10A A- - - ----- __-t 0-- n. . nifty Qaut ao %1-e11%1e>nl .. _..- Performed By: .... W.l.UtA.M. ........�V. l l i �................ WitnessedBy:.:::: �rH.1�1:�D :A::::.: TA R.::::::::::::::::_.::::::::::.::..:::.::::::::::..:.::::::::::.:::.:::...:..::.......:::.::.::.:..:.::::::::. I.oation Address or L01 1 2 l New Construction Er Repair ❑ Office Review oar, Nam. d-0PLV--%( T�� 5.0 e-zrCle-( Or -1"/a HCF-T'H V e- 1`i , P"i A. o 1044 Published Soil Survey Available: No ❑ Yes 021, Year Published ... Publication Scale .11.1.510tlo Soil Map Unit . .b. Drainage Class ..... ....... Soil Limitations ...... Ma!�?wm...................................................... Cl�n1To, Surficial Geologic Report Available: No ❑ Yes ❑ Year Published ....... - Publication Scale GeologicMaterial (Map Unit).....77777-.............................................................................................................................. Landform ......................................................................................................:...............,......I............:.. .............................................. \ Flood Insurance Rate Map: '25 01115 000& G 4ocoo(�- Above y 500 year flood boundary No ❑ Yes Within 500 year flood boundary No Yes ❑ y Within 100 year flood boundary No LJ Yes ❑ Wetland Area: National Wetland Inventory Map (map unit) ....... 14.....:...11=.....D!�`�''ETi}................ Wetlands Conservancy Program Map (map unit).................................................................................................... Current Water Resource Conditions (USGS): Month Av u Range : Above Normal ❑ plormal I Below Normal ❑ Rtssumeo Other References Reviewed: MAPS FORM It SOIL EVALUATOR FORM Page 2 On-site Review Deep Hole Number Date:!? -J.41. -q—/ Time:Weather ......... .................. I .................... Location (identify on site plan) ..... .....V%5% 4.111V.a ....... ...... Land Use Slope (%) Surface Stones .... H -11-11-1Y ....................................................... Vegetation.... W..O DT.D ........................................ I ...................................... I ............................ I .................................................................................... LandformNOZAJ-We................................ I ......... ............................................................................................................................................... Positionon landscape (sketch.on the back) ..................................................................................................................... I .............. Distances from: Open Water. Body ....... 1.004teet Drainage waV..-1-00-± feet Possible Wet Area1.00-f feet Property Line .....1.0...+... feet Drinking Water Well ../.00.t feet Other ....................................... DEEP OBSERVATION HOLE LOG Depth from Surface (Inches) Soil Horizon Soil Texture (USDA) Soil Color (Munsell) Soil Mottling Other (structure, Stones, Boull0ers, Consistency, % Gravel) 14% p r-S.C, (0/G Kw 4 1*,) 76—VA v .7 Lt tA CA V, I- Z, M iz F q q 110 LZ. V, eA Fffit- i, - S;-/( Parent Material (geologic) ... -11 .4...L ..................... Depth to Groundwater: Standing Water in the Hole: .!4/A Depth to Bedrock: f -4A ............ % Weeping from Pit Face: Estimated Seasonal High Ground Water: .361, FORM 11 sOEL EVALUATOR FORM Page 3 Detertninatioti for Seasonal High Water Table Method Used: ❑ Depth observed standing in observation hole _inches ❑D pth weeping from side of observation hole inches Depth to soil mottles 60.inches ❑ Ground water adjustment feet Index Well Number .`` Reading Date ................... Index well level ............. Adjustment factor Adjusted ground water level .............-............................ Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? A If not, what is the depthi of naturally occurring pervious material? Certification I certify that on �"j''�� (date) I have passed the examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signatur 244� Date /�'�! "A--:. FORhj �� - PERCOLAT16I TF -ST COMMONWEALTH OF MASSACHUSETTS Noe -Of / WWVMZ , Massachusetts Percolation Test Date:.. Time:...., ........... Observation Hole # Depth of Perc Start Pre-soak : 4 .Z (� L(7 End Pre-soak Time at 12" 'E7 C}S Time at 9" Time at 6" Time (9„_6") 4 9-� i>u• Z F� iii , Rate Min./inch S �•-�tki/.I Aj =1�i Site Passed Site Failed ❑10 ............................ C ICIa 1 Performed By: Witnessed By: Comments:.......................................................................... .................................................................................. RTH o< z,.aa Le1� Office of C0N, /tMUNfT'a DEVELOPMENT ANI➢ SERVICES - HEALTH DEPARTMENT 400 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 SqC 978.688.9540 — Phone Susan Y. Sawyer, RENS/RS 978.688.8476 — FAX Public Health ®erector E-MAIL: healthdeptatownofnorthandover.com WEBSITE http://www.townofnorthandover.com August 19, 2005 Willis & Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844 Re: 1.01 Cricket Lane Dear Mr. and Mrs. Hendley, This correspondence is in regards to your property listed above. On a routine review of open projects it was noted that this property was still outstanding. Your amended subsurface disposal system plan was approved on December 16, 2003. The Health Department file indicates that this is valid for 3 years from the date of approval and will not expire until December 16, 2006. If you are considering installation this calendar year please note that the 2005 septic installation season closes on November 30th. Permit issuance to install systems end November 15th. For your convenience I have enclosed a copy of our list of currently licensed septic installers. If you have any questions regarding this correspondence or any other aspect of your septic installation please contact the Health Department. Sincer ly, r san Sawyer, R HS/R ^ Public Health Director Cc: Ray Santilli, Asst. Town Mgr, HR Dir., Interim CD&S Dir. Enc. Septic Installers List ff $1, Land Engineering & Environmental Services, LLC CONSULTING CIVIL ENGINEERS & LAND PLANNERS 130 MIDDLESEX ROAD, SUITE 15 TYNGSBORO, MA 01879 TELEPHONE (978) 649-4642 / FAX (978)649-0981 WE ARE SENDING YOU 0 Attached 0 Under separate cover via [L[EUTEM (11T — T a1, /1 , . •f' , I DATE 1,00 "0 to 'rt AITC.T#0W LX v -r -F) Te t C 3 0 d�)C-s C. ir..a Z - i:- k–_a–i—I -r-- I E 0 VI C ni:r n a gnnq the following items: • Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications • Copy of letter 0 Change order 0 COPIES DATE NO.DESCRIPTION 5c, 0. A,, i L r j) T -K-,- 3 0 d�)C-s C. ir..a Z - i:- k–_a–i—I -r-- I E 0 VI C ni:r n a gnnq TOWN OF HEAL H Di-:-PAR- THESE ARE TRANSMITTED as chocked below: yFor approval 0 Approved as submitted 0 Resubmitcopiesfor approval • For your use 0 Approved as noted 0 Submitcopiesfor distribution • As requested 0 Returned for corrections 0 Return -Corrected prints 0 For review and comment 0 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS 0 A-4 i (E 1. COPYTo fu 4. J, I:. Oy SIGNED: y x CIYLL ENGIA'EMAIC, & L A[D PLAIMNIG DEC 0 6 2005 130 Middlesex Road Tyngsboro, MA 01879 (978) 649-4642 /FAX (9 78) 649-0981 CERTIFICATION OF SUBSURFACE SEWAGE DISPOSAL SYSTEM INSTALLATION I, Douglas Lees, a Registered Engineer duly licensed by the Commonwealth of Massachusetts, License No. 40930, and working as an employee for Land Engineering and Environmental Services, LLC certify that we have performed the required inspections of the subsurface sewage disposal system at the referenced location in accordance with 310CMR15.021. To the best of my knowledge and belief all work shown on the accompanying As -Built Plan has been completed in general compliance with the original design plans as approved by the local Board of Health. Furthermore, the work as shown on the As -Built Plan appears to comply with the provisions of Title 5 of the Massachusetts Environmental Code (310CMR15.000) and all applicable local requirements. This certification shall not be construed as a guarantee that the disposal system will function as required. STREET ADDRESS: 101 Cricket Lane TOWN: North Andover, MA DATE: November 30, 2005 r.% of'�'CIVIL 4:43® SIGNATURE: SEAL: 75.106' - \ -' 11.7! 5ro.w 197 b` � 1 .W197.0 ' ��� / 8.aw-196.7CED 13 f/ x 19a 1 / / x 191 7 P 1 TP -125 / /,;�� ' DE7EN77ON ?�• 199.9/ /�► AREA LOTI 2 19 2 I � � 13 o \ \ #101 T.O.F.= 202.58 V � DRIVEWAY NOT .. �� PAVED TABLE OF TIES TABLE OF INVERTS A B D—BOX 127.4 44.E1 INVERT IN 2 42.9 51.7 INVERT OUT 327.4 74.4 61.8 NOTES: 1. THIS PLAN SHOWS THE CHANGES TO THE EXISTING DISPOSAL SYSTEM. FOR LOCATION OF EXISTING COMPONENTS SEE AS -BUILT PLAN PREPARED BY MERRIMACK ENGINEERING SERVICES IN NOVEMBER OF 2000. 2. THIS PLAN & CERTIFICATION IS NOT A WARRANTY OF THE SUBSURFACE DISPOSAL SYSTEM. IT IS A RECORD OF THE LOCATION AND ELEVATION OF THE EXISTING SYSTEM COMPONENTS. RECEIVED DEC 0 6 2005 TOWN OF NORTH ANDOVER HEALTH DEPARTMiENT DOUGLAS 6. LEES CIVIL No• 40930 GRAPHIC SCALE 3. EXISTING WATER/GAS/ELECTRIC AND DRAINAGE AS SHOWN ON 0 10 20 40 RECORD PLANS BY OTHERS AND WERE NOT LOCATED BY THIS OFFICE. 1 INCH s 20 FT AS -BUILT SEPTIC SYSTEMWIL IS &RRUB/NAFOR HENDLEY OWNER OF RECORD: �� �j� WILLIS & RUBINA HENDLEY� �T� 105 ROLLING RIDGE 101 CRICKET LANE PREPARED BY METHUEN, MA NORTH ANDOVER, MASSACHUSETTS Land Engineering & MAP 107A - LOT 286 EnV%ronmental Services, LLC JOB# 0317130 Middlesex Road, Tyngsboro, Massachusetts 01879 SCALE 1=20 NOVEMBER 30, 2005 SHEET 1 OF 1 Teleahone (978) 649-4642 D—BOX TRENCH 2 INVERT IN 198.16 197.77 INVERT OUT 1 197.99 197.48 NOTES: 1. THIS PLAN SHOWS THE CHANGES TO THE EXISTING DISPOSAL SYSTEM. FOR LOCATION OF EXISTING COMPONENTS SEE AS -BUILT PLAN PREPARED BY MERRIMACK ENGINEERING SERVICES IN NOVEMBER OF 2000. 2. THIS PLAN & CERTIFICATION IS NOT A WARRANTY OF THE SUBSURFACE DISPOSAL SYSTEM. IT IS A RECORD OF THE LOCATION AND ELEVATION OF THE EXISTING SYSTEM COMPONENTS. RECEIVED DEC 0 6 2005 TOWN OF NORTH ANDOVER HEALTH DEPARTMiENT DOUGLAS 6. LEES CIVIL No• 40930 GRAPHIC SCALE 3. EXISTING WATER/GAS/ELECTRIC AND DRAINAGE AS SHOWN ON 0 10 20 40 RECORD PLANS BY OTHERS AND WERE NOT LOCATED BY THIS OFFICE. 1 INCH s 20 FT AS -BUILT SEPTIC SYSTEMWIL IS &RRUB/NAFOR HENDLEY OWNER OF RECORD: �� �j� WILLIS & RUBINA HENDLEY� �T� 105 ROLLING RIDGE 101 CRICKET LANE PREPARED BY METHUEN, MA NORTH ANDOVER, MASSACHUSETTS Land Engineering & MAP 107A - LOT 286 EnV%ronmental Services, LLC JOB# 0317130 Middlesex Road, Tyngsboro, Massachusetts 01879 SCALE 1=20 NOVEMBER 30, 2005 SHEET 1 OF 1 Teleahone (978) 649-4642 BUILDING TIES INVERT ELEVATIONS BUILDING CORNER = 199.19 A B SEPTIC TANK DIST, BOX IN 198.16 33 31.4 DIST. BOX =197.49 END LEACH LINE #2 1 32 38.7 CORN. LEACH FIELD #1 20.7 52.8 CORN. LEACH FIELD #29 .3 72.2 CORN. LEACH FIELD 3 74.5 54.0' CORN. LEACH FIELD 4 6 ' 0 0 0 N O 0 N J N U) ca / U) J m Q CD / rn 0 I rn c� V) c� 0 / �r / 43.59' I� l� 00 lco 133 , I/ 2 4" PIPE CSD FDTN. = 199.19 SEPTIC TANK IN = 198.50 SEPTIC TANK OUT = 198.22 DIST, BOX IN 198.16 DIST. BOX OUT = 198.01 LEACHEND I =197.49 END LEACH LINE #2 1 =197.48 vAG G O�GR P-�\0 1 G �o 1 F0 0 1 1 _ 1 -o �P P •sem, o�5 6NN PG. 1• SPS 1 . 1 0 1 1 1 1 �ry�0 I Q/ 75.00' r lb {/: \ NOTE: PLAN & CERTIFICATION IS NOT A W RANTY OF THE SUBSURFACE DISPOSAL S TEM. IT IS A RECORD OF THE LOCATION �1$ \ ND ELEVATION OF THE EXISTING \ SYSTEM COMPONENTS. REVISIONS CHANGED NAME PLAN WAS PREPARED F o c� •� i n l AS -BUILT OF SUBSURFACE DISPOSAL SYSTEM LOCATED IN NORTH AND 0 VER, AS PREPARED FOR WILLIS & RUBINA 105 ROLLING RIDGE LANE METHUEN, MA. 01844 MA. HENDLEY SCALE: 1"=20' DATE: NOVEMBER 17, 2000 SUBDIVISION LOT #2 101 CRICKET LANE MERRIMACK ENGINEERING SERVICES DATE PROFESSIONAL ENGINEERS • LAND SURVEYORS • PLANNERS 66 PARK STREET • ANDOV..I. MASSACHUSETTS 01810 8/13/02 TEL (978) 475-3555 • FAX (978) 475-1448 Town of North Andover 1600 Osgood Street Building 20; Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone Web Site - www.townofnorthandover.com E -Mail - healthdept(cDtownofnorthandover.com 978.688.8476 - Fax Due upon receipt Invoice No. 9/5/2006 Bill To Lynch, Brewer, Hoffman & Fink Address Attn: Rebecca Ellis 101 Federal Street, 22nd Floor Boston, MA 02110 Phone 617.951.0800 Fax E -Mail Deposit Received $0.00 Invoice Subtotal $51.00 Tax Rate Invoice Total $51.00 Total Amount Due $51.00 Amount Paid Taxi Thanks for letting us serve you! Received b Received nature: !print Name: + i I ' 1 , i , i Taxi Thanks for letting us serve you! public record that we have prepared. These failures are so wide. -ranging in their scope that—__ they point to one conclusion only: a dysfunctional entity masquerading as the Title 5 administrative arm of DEP. Our investigation also clearly shows a pattern of "willful blindness", which is defined in Policy Enf-97.003 as: "the deliberate avoidance of learning facts or the failure to acquire specific knowledge when other facts are known that would induce most people to acquire the specific knowledge in question." These failures came to light when we decided, in August, to investigate our own septic system installed to completion in November 2000, whilst our former builder was still owner. We were the ones to inform this Board o£ Health that this system actually significantly failed to comply with property line and/or downhill slope requirements for the soil absorption system. It was particularly discomforting to learn from the public record that site conditions deviated significantly from those on the approved design plan well before installation work started, due to lower elevations at the property line with the adjacent already -occupied property. That reason alone precluded this plan being valid. Nevertheless, installation was allowed to proceed using chis same plan all the way to final inspection by this Board of Health in November 2000. To add to our troubles, our efforts to effect compliance and move into our otherwise habitable home have been unnecessarily impeded by also having to deal with large doses of belligerent and unprofessional conduct on the part of the Health Director and Health Inspector in this Board of Health. For all these reasons, we do not regard the activities of North Andover Board of Health as a matter for an internal review at local level. We also expect greater accountability from DEP in light of the fact that two members of the public have uncovered significant failures at the hands of this Board of Health that have caused and will continue to cause material harm to individual homeowners as a result of the worst excesses of licensed contractors being unchecked and remaining uncorrected to date. Additionally, the Town of North Andover itself has failed to adequately address the numerous complaints it receives particularly with regard to its current Health Director and Health Inspector administering the Title 5 process. Between us, my husband and I have managed to gain a reasonably proficient grasp of both the administrative and technical aspects of Title 5 and this is largely because of our background: I have an undergraduate degree in Physiology and Biochemistry, and a graduate degree in Pharmacology; my husband has an undergraduate degree in Cybernetics and Computer Science and works as Director of Engineering in the region. Our analysis of this Board of Health has been done with the scientific and administrative training we are experienced in. We would both like an appointment to meet with you to discuss our concerns and submit our more detailed documentation of our investigation of this Board of Health's failures. To that effect, I would appreciate a response from you at your earliest convenience and look forward to hearing what actions DEP will instigate to investigate our complaint. Yours sincerely, V&7 Rubina Hendley Enc: 2 -Page Attachment summarizing failures by North Andover Board of Health to enforce and implement Title 5 of the state environmental code cc Sharon M Pelosi, Director, Watershed Permitting, DEP Boston StN l tsr , - 3- 3 ; 2:38PM ; M.C. & T. ( BOSTON )-� ;# 1/ 2 49o2 FAX COVER SHEET TELEPHONE: 617.227.8010 1 TELECOPIER: 617 a 227.2630 TO. NAME Ms. Sandra Starr, IIeath Director COMPANY Town of North Andover Board of Health FAX NUMBER (978) 688-9542 DATE:_January 3, 2443 FROM: NAME Richard D. Vetstein, Lsq. TOTAL NUMBER OF PACES INCLUDINQ THIS COVER SHEETIS; NOTE: )1' YOU HAVEA QUESTION OR PROBLEM REGARDING TIAs TRANsmsiUN, PLEA -SF. CALL 617. 227. 8010 MESSAGE: NO'1 ICE 1-' CONFI)D' TIALYn THE INFORMATION CONTAINED IN THIS FAX iS INTENDED FOR TIIF. KXCI.USIVC• USF OF TilIr AnC3R1 SSEF: AND MAY CONTAIN Ct1N}'i1)ENTIAi. QK 1'RIVILrC?ii) INFORMATION. IF YOU ARC NOT THE INTENt)ED RECIPII�:N-1'. YOU ARk: HEREBY NOITFIE-D THAT ANY FORM OF DISSLMINATION OF 'Ails CON M MICATION IS STRICTLY P1tOHIBiTEI). tF THIS I AX WAS SENTTO YUII M ERROR, PI .IAN IMMEDIATE' X NOT1rY TIM,* SENDER I.ISI'Y,D ABOVE. 1 he orighlal nt the transmiltrd dommats will be sent by-. [ I rint Class [ 1 Mms%enger 1 I Overnight Mui) [xi This will be the only form of delivery of the trtmsmiaed document MCT/12l 125. t a U A(Av— ory the Health Department staff were unwarranted or not in compliance with regulations, you may bring the matter before the Board of Health at their next scheduled meeting. If you wish to do so, please contact Ms. Sandra Starr at 978-688-9540 to be placed on the agenda. I trust I have responded to all of your questions and/or issues. I realize that some of my responses will not assure you. However, it is imperative that all responsibilities and inspections conducted by Town of North Andover personnel fully comply with all rules and regulations. Staffs from the various Town departments are prepared to assist you to complete your project. If I can be of any assistance in the future, please do not hesitate to contact me. Sinc ely, / Mark H. Rees Town Manager cc., Chief William Dolan, Fire Department Ms. Heidi Griffin, Community Development & Services Division Mr. Robert Nicetta, Building Department Ms. Sandra Starr, Health Department Lieutenant Andrew Melnikas, Fire Department Board of Selectmen JtdN I by - 1.- 3- 3 ; 2:38PM ; M.C. & T VIA FACSTMUX, (978) 688-9542 Ms_ Sandra Starr, I-tealth Director TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover, MA 0184.5 (BOSTON) ;# 2/ 2 TELEPHONE (617) 227•eo, o TE4ECOPIER (617) 227-2153o AL'tw nqmxo )aauary 3, 2003 Re: 101 Cricket Lane / Willis and Rubina Hendley Dear Ms. Starr: j Kf im t r z This office represents Willis and Ruhina Hendley owners of the property located at 101 Cricket Lane. As you know, the Hendleys are, and have been for many months, attempting to obtain a certificate of compliance for their septic system. I am. sure that you are well aware of the history on this lot. I would like to meet with you to discuss this matter and what needs to be done to enable the Hendleys to get the system approved so they can finally occupy the home they purchased almost three years ago. I will call you to set up this meeting. RbV:paa cc: Willis Hendley Rubina Hendley Kevin T. Smith, Esq. MCT/121 i 24.1 Vetstein interaction with your officials - despite encountering all manner of unrelenting humiliations, degradations and other ignominies at their hands - was an absolute waste of our time. It is an effort for us to do so in this letter, since our only impression of the environment in your town is one in which this kind of misconduct is all in a day's work — tolerated and allowed to flourish. Our rights have not just been trampled over, but removed entirely and we find ourselves at the mercy of a town and its officials who are exercising not jurisdiction but abuse of power. Overall, the administration of this subdivision by your town has been an utter shambles and there are homeowners with properties with significant violations of local and state regulations through no fault of their own -just as in our case. These are not due to isolated examples of an honest mistake or two by your officials, but wholesale abrogation of their responsibilities. [An attorney for one of the other homeowners reported ofhis own volition to Rubina that he was not just angry with the builder/developer for the violations his clients' house was left with, but with your town for having "allowed" them.] But the main difference is that they are living in their homes, whilst we are not and, only in the case of Willis and Rubina Hendley, does the town of North Andover get on its high horse and lectures and blames us for these violations occurring, when they were committed by the developer, our former builder and other contractors under the full oversight of your respective officials. It is noteworthy, that we were the ones to bring many to your attention in the first place! Thus, it has been the case that, when these violations committed by others and left uncorrected by them causes us difficulties, we could be assured that your town would suddenly become conscious of every t and every i needing to be punctuated by Willis and Rubina Hendley and, for good measure, throw in a list of regulations at us that exist only in thin air. Indeed, as we have learnt to our cost, impartiality has been virtually an unknown entity in your town in many of its dealings with us. Our interactions with public officials have revealed widespread steadfast support of, and an obsequious manner of regarding the developer and contractors in this subdivision — a concern echoed to us by other residents in North Andover. Even more troubling, since your town has a habit of dismissing anything we say or report, is the fact that the public record supports instances of your town allowing the developer and other contractors to circumvent regulations. We believe one of the reasons for the antagonism towards us is that we have disrupted and exposed this status quo in North Andover and we have even been foolhardy to think it reasonable to ask your town for accountability, let alone principled conduct as the norm. Of the numerous serious abuses of the public trust by your town, we consider the situation within the Board of Health under your Health Director, Ms Sandra Starr, to be so unpalatable for the public welfare that we had no hesitation in filing a complaint with DEP. We do not consider there is anything remotely reasonable about having to deal with an official, who has concealed deception by the septic installer responsible for the septic installation at our property (see part two of our DEP complaint), has the most rude and dismissive mannerisms we have ever experienced with any public official and whose oversight of the septic installations at our property and at others within this subdivision is replete with dereliction of duty and demonstrable lack of competence. Together with the hateful and harmful way both Ms Starr and Mr LaGrasse have treated us, we will never be Page 3 of 18 �A/4 1 e- AW assured of any fair treatment from either of these officials. At a minimum, we believed strongly that Ms Starr's serious professional misconduct needed to be reported at state level whether or not any censure or other action occurs. It goes without saying that in light of our experiences with your town it would have been an exercise in futility for us to expect any move by your town to address Ms Starr's conduct and administrative neglect, especially since we have been made aware of numerous complaints about Ms Starr that you as a town appear not to have adequately addressed, with very real grievances and difficulties being experienced by homeowners and contractors alike, aside from the ones who happen to be in her favor. We have, thus, been prevented from occupying our home -to -be, not because we have done anything wrong, but as a result of a series of what can only be described as the most vindictive, often retaliatory, acts and decisions hurled at us and time and time again by certain of these officials. This is the form they have taken - "tailored" specifically for us — and a blatant assault on our liberty to be able to live in and enjoy our home free of unnecessary constraints and restrictions: • utterly bogus conditions for us to comply with (always conveniently verbal); • other conditions that are both vague and contradictory (also conveniently verbal); • decisions due to malicious interpretation of regulations (also conveniently verbal); • decisions that have impeded our ability to seek competitive bids free of restrictive trade practices; • decisions based on incorrect or lack of understanding of regulations. In a personal meeting we had with Ms Rosemary Smedilie on November 22, 2002, we informed her of the stress we had needlessly been placed under and our deteriorating mental and physical well-being and we were led to believe that the Town Manager would call us. We were so looking forward to finally having an end to the surreal nightmare created for us. Instead of the direct personal contact with us we were expecting and an offer to the effect of `let's get you into the house for you to enjoy Christmas', we received a letter from his office dated January 8, 2003, that is quite frankly an insult to anyone's intelligence, in that it consists of obfuscations, sidestepping, lame excuses and absurd and far-fetched reasoning in an attempt to justify blatant misconduct and outright negligence; essentially condoning it. It also displays an inappropriately woeful ignorance of even your own town's regulations, let alone state and federal regulations, rights and protections. Neither are we amused by its tone of condescension in the `solutions' proposed and the implication that we do not follow regulations. We have had enough aspersions cast on our good name without this further denigration of our character. Additionally, since the public record for this subdivision supports the fact that you, as a town, are in the proverbial glass house, it is more than disingenuous for your town to attempt to adopt such a sanctimonious stance. This sort of response has not only exposed your town's callous indifference to our situation, but could hardly, to put it mildly, be considered salutary - it has helped us understand how the officials concerned are able to hold themselves above the law and behave with impunity whenever and in whatever manner they choose to with us. The actions of your officials, sanctioned at Town Manager level, have led to months of unjustifiable delay and expense to us. The mental anguish and suffering we have been caused has had deleterious effects on our health, with both of us dealing with acute depression and countless sleepless nights in addition to total upheaval in our personal, family, financial and working lives. Our son and Page 4of18 A,�W—,Yov respective parents (Willis' mother died after a period of illness during the merry-go-round we were put on by your Fire Inspector) have not been spared distress either. Tried as we did, to shield our beloved ones from any knowledge of the ill -will we were being subjected to, it was impossible. It is painful for us to see how our own families are so badly affected by the harm and hurt your officials have and are causing us. These officials would never have contemplated, let alone dared, to engage in the antics they have so freely and maliciously done with us on any one of you. Below in numbered form is a continuation of our account, surnmarizing what were actually much more.tortured and convoluted happenings, of how we have been treated: 1. Fire Inspector. In the Town Manager's January 8 letter to us: "You state that you have been trying to receive a final sign -off on the interior sprinkler system from the fire inspector since mid-August. Per regulations, the fire inspector is waiting for a set of prints and calculations for the sprinkler system before granting final approval. Approximately a year ago, he conducted a flow test on the system but still required the appropriate paperwork before final approval. The burden to produce the required paperwork is on the installer through the property owners. In order to assist in expediting this issue, Lieutenant Melnikas, in lieu of the required paperwork is willing to conduct a "walk-through" in order to visually examine the sprinkler system. If all appears proper to the satisfaction of the Fire Department, Lieutenant Melnikas will provide the final sign -off on the interior sprinkler system. Please contact his office at 978-688-9530 to schedule a mutually convenient time." So, your Fire Inspector has finally agreed to perform a visual walk-through inspection at our property, a decision he was able to make INSTANTANEOUSLY at the seven other properties in this subdivision that were in the SAME circumstances as ours, but one that took him FIVE MONTHS to make in the case of ourproperty and that, too, only after we complained. You see, in our November 22 letter we suspended describing our ordeal at the hands of your Fire Inspector with the statement: "....we suggested to your fire inspector to use the blueprints for Lot 7 (#132) because this property has an almost identical interior layout to ours." We will tell you why your Fire Inspector could not do this, since he appears to have neglected to mention it himself. In Rubina's October 23, 2002 phone call to your Fire Inspector, she asked for a copy of the blueprints for Lot 7 and was informed by him that he had "only received the sprinkler plans for Lots 6 and 8". More correctly, would have been to state that he did not bother ensuring the others were submitted. Your Town Manager's explanation "per regulations, the fire inspector is waiting for a set of prints and calculations before granting final approval" is a weak attempt to validate your Fire Inspector's failings in the following regards: Page 5 of 18 1. Your Fire Inspector did not bother to get the sprinkler plans and calculations for a total of 8 out of the 10 new -construction properties in this subdivison and then to check BEFORE work on installation even commenced if the coverage depicted in these plans was adequate, as was his required duty for safety reasons per your regulations, 2. Despite the requirement, per your regulations, that plans and calculations be submitted BEFORE the granting of a Building Permit, every one of the 8 out of 10 properties without plans had the Building Permits issued anyway; 3. Then, the entire sprinkler installation was allowed to proceed to completion at all 8 properties without any plans and calculations and at this point, in our case only, it suddenly became important to have a these on file after all the work was completed - a case ofshutting the stable door after the horse has boltec( if ever there was one. For the record, your Fire Inspector actually came to our property on August 9, 2002, when Rubina was present, for the purpose of our receiving our final sign -off from him for the sprinklers and smoke detectors. He left without giving us any sign -off and, as he was leaving, Rubina asked why. Your Fire Inspector informed Rubina that the plumber needed to do a flow test first and when Rubina informed him that this had already been done the previous year, your Fire Inspector then said he would need to first check at his office to see what Rubina stated was true. He informed Rubina that he needed a couple of days to double-check and if the flow test had indeed been performed, then Rubina could bring our Building Permit to his office and he would sign it. Rubina spoke to him a couple of days later and, from that point on for a period ofthree weeks, not only did your Fire Inspector refuse to issue the sign -off he had promised, but also went back and forth with her for what he wanted from us for this final sign -off. After this dilly-dallying, the `version' your Fire Inspector eventually settled on for what he was expecting us to comply with was this: that our plumber re -do a flow test for him because it had been done "all that time ago" and for us to provide sprinkler blueprints for the installation. Yet, despite the fact that it was a total impossibility for us to provide these plans and that your Fire Inspector was fully aware of this (and our November 22 letter explains we could not comply with your Fire Inspector's demand because we informed him that we had been informed that the company issuing these had since gone out of business), your Fire Inspector remained fixated on us providing these plans and never once suggested, even though WAUs suggested it on two occasions in phone calls to your Fire Inspector, that he do a walk-through with a visual inspection — which is what he could and should have done the time ofhis original August 9 walk-through at ourproperty. Instead, for a total of over three months, Rubina ended up speaking regularly with your Fire Inspector regarding finalizing our sign -off. Each time Rubina mentioned how unhappy our plumber was at re -doing the test now that carpets had been installed, the fact he had already satisfactorily performed this test before and also the impossibility of obtaining blueprints for the sprinklers. Each time your Fire Inspector remained intransigent. In the last two conversations Rubina had with him, she pleaded "please, Lieutenant Melnikas, let us have a sign -off; it has been over three months", he responded each time with "you know what you have to do, get your plumber to make an appointment with me to do that flow test again" followed by the same "then we'll see", said in a flippant and almost mocking tone. Page 6of18 Rubina refused to have any more contact with your Fire Inspector after our plumber personally stopped by (first on a Monday, when he learnt the Inspector does not work, and then again the next day) to talk to your Fire Inspector about his unhappiness with doing yet another flow test with the nice carpets we had had installed. Our plumber then reported back to us that your Fire Inspector had told him that there was no reason for a flow test after all, stating "I didn't realize you were the same plumber", but that we the homeowners still needed to provide plans. Clearly, your Fire Inspector's "then we'll see" to Rubina actually translated as `then we'll see you get the run-around for longer'. Thus, for months your Fire Inspector had repeatedly stressed to Rubina that our plumber needed to perform the flow test again because it had been done by our plumber "all that time ago", now changes his story to not needing one after all because our plumber is the "same" person, but remains steadfast in our need to provide him with blueprints, all the while Lots 1, 3, 4, 5, 7, 9 and 10 do not and yet the homeowners of these properties have occupancy. 2. Gas Inspector. The explanation offered in your Town Manager's letter for the run-around we suffered at your Gas Inspector's hands can be similarly dissected by us, as with the above scenario, and shows, once again, how supposed rules and regulations were applied only to us and were also distorted in their application. Yet again, the response from the Town Manager fails to directly address or explain the actual issues we raised in our November 22 letter. 3. Electrical Inspector. Moments after Willis picked up a Permit in his name to complete the finish electrical work at our property, Rubina received a phone from our former builder's electrician. This contractor proceeded, in vehement fashion, to berate (a stupified) Rubina for what he stated were our criticisms of him and his work at our property. Rubina was totally shaken by his claims. It transpires that your Electrical Inspector had made a phone call to this contractor soon after Willis had obtained our permit and (most unprofessionally) felt it appropriate to indulge in `gossip' about our decision for completing the finish electrical work ourselves at our property - our complete right to do so under the regulations. 4. Ms Julie Parrino, Conservation Administrator. For reasons we could not fathom during Spring 2002 (but which explained themselves in due course), our landscape contractor and we were being subject to constant meddling and unpleasant needling by the developer's site contractor/septic installer Mr William Sawyer during a landscaping project at our property that had started on April 5. [This was actually a continuation of the same pattern of behavior that had begun a few weeks before we became legal owners in May 2001.] Suffice to say, we were not impressed with the way this contractor could run to your officials with all kinds of tales about us and rely on their full cooperation in joining in with, not just the harassing of us, but also with hurling at us all kinds of other accusations at us that emanated from him as fact. In frustration at the daily nonsense our landscaper and we were being subjected to by your officials, on both our behalves, Rubina paid a visit to Mr Tim Willer and Conservation. Regarding the visit to the Page 7of18 k. 1d;z5w— S7 latter department, Rubina spoke to both Ms Parrino and her assistant Alison about our landscaping project, mentioning we were perplexed about Mr Sawyer's reason for complaining to the town about us. Ms Partin told Rubina she would be on our property the following day, to which demand Rubina said "you will give me the courtesy of doing so when I am there" and asked Ms Parrino for an appointment time. However, Ms Parrino would not give one and told Rubina to speak with Mary, the Conservation secretary, for the actual time of her proposed visit. Mary, in turn, told Rubina that she could not set up an appointment without speaking to Ms Partin 0). So, Rubina left and phoned Mary again several times that day to find out the time Ms Partin had arranged or alternatively to speak to Ms Parrino directly. Each time Mary informed Rubina that Ms Parrino was too busy to talk to her, that Ms Parrino knew about letting Rubina know and that Ms Parrino wished to have Rubina's cell phone number. The next morning Rubina went to our property just before 8am and once again phoned Mary several times for the time of Ms Parrino's arrival, since Rubina could not spend all day outside wondering and waiting. Each time Mary assured Rubina that Ms Parrino knew she needed to give Rubina an appointment time and that Ms Parrino would be contacting her. After over fours hours of waiting, Rubina phoned Mary to tell her that Ms Parrino still had not been in touch, that Rubina was thirsty and hungry from waiting in the heat and would return within 20 minutes after picking up refreshments just down the road. In the short time while Rubina was away, Ms Parrino arrived, having never contacted Rubina and proceeded to wander round our property with Mr Sawyer and to impose a stop order to our landscaping work in part of our detention basin. The subsequent leveling of Ms Parrino's DEP criminal citation against Rubina was made just hours after Rubins had a lengthy cell phone conversation with Ms Parrino soon after Ms Parrino's intrusion onto our property, in which Rubina informed Ms Partin that she "expected more professionalism" from her. Rubina informed Ms Parrino that she did not "think it was right to ignore me every time I tried to make an appointment". Ms Parrino then told (an incredulous) Rubina that "you have altered grades within the detention basin" and that she wanted us to "have a survey done", further claiming that our detention basin had already been surveyed as part of the overall certification procedures the developer needed to comply with (when in fact this was a false statement - see our DEP complaint). Rubina then asked Ms Parrino to explain specifically what she meant by "we had altered grades", to which Ms Parrino only reiterated her demand that she wanted us to do a survey. Getting nowhere with Ms Parrino's stubborn refusal to consider our side of the story, Rubina then said "since you have helped yourself onto our property, did you see any grades being altered in the detention basin ?" To this, Ms Parrino admitted she had not. Rubina then informed Ms Partin that if she wished to listen to "gossip and insinuations about us from Mr Sawyer", that Ms Parrino was "free to do so on the street" and "not while roaming around our property, without our permission, in our absence, in the company of this site contractor who had no authorization to be there either". During this conversation, Ms Partin - obviously unmoved by Rubina's consternation at having trespassed on our property and slandered our good name by hurling spurious accusations at us as fact - demanded again that we arrange for a survey to ostensibly disprove (or presumably prove) the allegation made by the site contractor that grades within our detention basin had been altered. When Rubina protested this requirement, Ms Parrino continued in the same specious vein and informed Rubina that, because Rubina was "not an engineer", Ms Parrinio did not consider her qualified. Rubina pointed out that neither Ms Parrino nor Mr Sawyer Page 8of18 J04(000_1 3G were surveyors and yet she was not asking Mr Sawyer to prove his allegation to be true. Ms Parrino again demanded we conduct a survey of the detention basin to prove to her that grades had not been altered and stated if we did not do this we would not get a final sign-offfrom her. Ms Parrino also went on to verbally impose a series of conditions on the use of the rear of our property within the 100' wetland buffer zone (one of only two in this entire subdivision that are well outside this zone, including the majority of the detention basin), that were so ludicrous and restrictive that we practically were expected to ask her permission before even touching a blade of grass. Our follow-up letter to DEP includes some other details, the not insignificant ones being that Ms Parrino had a lengthy discussion with both of us prior to mailing out her criminal citation of Rubina alone, and of your own Conservation Commission's wanton disregard for its responsibilities in ensuring the developer complied with DEP-mandated requirements. The expense and delay we were thus subjected to by Ms Parrino's demands before she would give us a sign -off were a complete violation, from beginning to end, of all the rights and protections we are afforded under the law. Little did we know at that time that Ms Parrino was just a warm-up for even uglier travails in your officials' hands. 5. Building Inspector. In July 2002, your Building Inspector, Mr Michael McGuire, informed Rubina that he would not be prepared to conduct the final walk-through inspection leading to an occupancy permit for our above home -to -be. Mr McGuire indicated that he was offended by a complaint Rubina made against him regarding the manner in which he dealt with concerns we had about building code violations by our former builder that were not being addressed while the latter was the legal owner of this property. Since Mr McGuire gave no other option to Rubina after having made this statement, Rubina naturally asked him what we were supposed to do. At this point, Mr McGuire informed Rubina that she could ask the Electrical Inspector to perform this, stating that he also had building inspection experience, or to ask the Building Commissioner, Mr Robert Nicetta. In a subsequent conversation with the secretary for the Building Department, Jeanine, for help with how we were to set up these appointments, Rubina learnt that Mr Nicetta was rarely available and the Electrical Inspector only worked part-time. When Rubina pointed out that this was somewhat of an inconvenience, Jeanine also made the comment that it was not a "particularly nice thing to do to complain about Mike" and that in light of this he would not be coming to our property. 6. Ms Heidi Griffin, Community Development & Services Director: In August 2002, in a face-to-face meeting, Rubina informed your Director of Community Services Ms Heidi Griffin that Willis had taken a total of six mornings off work to attempt to speak to either Mr LaGrasse or Ms Starr during the public counter hours of 9am to 10am Page 9 of 18 AAOW and, on each occasion, neither of these officials were available. On each of those days, Rubina explained that Willis had arrived a few minutes after nine and waited until a few minutes before ten without ever being able to speak to either of them because they had either not arrived or, on two occasions, were too busy to talk with him. Rubina then pointed out that when Willis eventually made phone contact with Ms Starr, he was forced by Ms Starr to make an appointment to see her during counter hours when the appointment system was clearly intended for outside counter hours. After Rubina finished describing Willis's experience, Ms Griffin said that both Ms Starr and Mr LaGrasse were required to attend to counter hours and asked if Rubina was certain of this. Rubina assured her that Willis had lost six mornings off work by no-one from Board of Health being present during counter hours. Rubina also mentioned the times she too had been affected by the absences at counter hours at your BOH. A few days later, when Rubina asked to speak to Mr LaGrasse, Ms Griffin was on hand and, to Rubina's complete surprise, admonished her by stating that "you spent an hour with him yesterday". When Rubina attempted to explain her side of the story (too tedious, North Andover, to go into the details here), Ms Griffin retorted with "it's true, I saw it", which made Rubina decide she was not going to bother with trying to overcome such an argumentative stance. Ms Griffin's attitude stunned Rubina so much that she did not mention an unpleasant experience she had recently had with Ms Starr at the counter when Rubina asked to speak to her, at which time Ms Starr remained totally mute, refused to say anything, instead untaped a piece of paper from the counter, walked away with it, brought back what appeared to be a photocopy of this paper, pointed rudely to the statement on it that said "other times by appointment only", threw the photocopy at Rubina, turned her back and walked away. In late November 2002, Willis had a phone conversation with Ms Griffin who brought up the topic of a letter (dated November 12, 2002) she had received from Rubina on our behalf, in which Rubina also asked for a response from Ms Griffin to various concerns we raised - needless to say, we never received any reply. In this letter, Rubina had pointed out various problems we had encountered during our attempts to put our failed septic installation into compliance, including those as a result of a deeded septic grading easement for our use being permanently compromised. Rubina had sent the letter to Ms Griffin (who has a background in Town Planning) as a result of complete frustration at how many errors and problems we had discovered and were suffering the adverse effects of in our attempts to rectify the septic non-compliance issues at our property. Ms Griffin stated to Willis that Rubina's letter was "confusing" and that she did not "know why she sent this .to my department". Willis made no comment to Ms Griffin's assessment of Rubina, but here is our a -b -c explanation for Ms Griffin having failed to notice the obvious: • Your officials should not have allowed the violations to occur in the first place; • having occurred, it is your officials' job, not ours', to detect them, but that is what we ended up doing; • having detected them, we were then left to sort out the problems as a result and your officials failed to notify the parties responsible or to offer compassionate help to us. 7. Mr Robert Beshara, Director of Public Works: On May 23, 2002, the site contractor/septic installer Mr Sawyer accosted both Rubina and our landscaper about the supposed condition of the granite curbing in the street alongside Page 10 of 18 'A I I Aww'-sy our property and accused our landscaper of removing some sort of material from behind the curbing, an accusation hotly denied by our landscaper. At some stage, Rubina also received a visit from Ms Darcy and her father and subdivision developer Mr Thomas Laudani. It is pertinent to point out that at the time we were unaware that your town had given a blanket issuance of a Certificate of Compliance to the developer without checking whether any of the conditions for the correct installation of the roadway had been met by the contractors working for the developer. Within a couple of hours of this - yet another of Mr Sawyer's accusatory bouts - Rubina returned to our property after a break and noticed someone in a pick-up had parked alongside our property and was staring at it. A few minutes later, this person got out of the vehicle and stood on the street, still staring towards our property. Since this was more than disconcerting, Rubina asked who he was, stating that she was one of the homeowners (Rubina has got used to doing this as she has been mistaken for being a laborer or cleaning person before). He introduced himself as `Bob Beshara from DPW" and immediately said to Rubina "your driveway opening is in the wrong place". Rubina said "what do you mean it's in the wrong place". Mr Beshara pointed to a drain in the street and told Rubina that was where it needed to be instead of where it actually was. He then walked to his vehicle, brought back a piece of paper — an 8"x11" printout of a portion of the approved subdivision plan detailing our lot — pointed to a drain location depicted on it and then to the drain on the street and said "that's where your opening should start". Rubina asked him how he knew that the drain in the street was put in the location per the approved plan. Mr Beshara said "I measured it". He repeated again that our driveway opening was in the wrong location and pointed to where he claimed it should be. Rubina then informed him "if we put it there, we will hit the side of the house", assuming this was evident to Mr Beshara for vehicle entry into what is a side -entrance garage. Rubina than pointed to the house across the road and said "see how that driveway is offset from the side of the house, just like the way ours is". Rubina pointed to the plan showing the same relationship of our driveway to the house and told Mr Beshara that if he was claiming that the driveway opening needed to start at this street drain then "it's obvious that our house was put in the wrong location". Mr Beshara ignored Rubina's observation and said again that our driveway opening was in the wrong place and that we could not have it where it was. Rubina pointed out that it had been there ever since we took over the house from our builder and asked "shouldn't you be talking to the developer? - tell him to sort it out since it's at street level and nothing to do with us". [You see, Rubina had some idea about the regulation that states "It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold'] At this point Mr Beshara revealed the real reason for his sudden `interest' in the location of our driveway opening — by the way, that no-one in your town was interested in all the time our former builder was the owner - because he retorted with "well, Mr Sawyer said you told him to put it there". Rubina, taken aback at Mr Sawyer's appearance in the conversation, replied "if you must know I did nothing of the sort. This was something we got together with our builder about and this is the location we all decided on because it is the only place for it. Perhaps my builder told Mr Sawyer". To this Mr Beshara retorted with a very curt "I can't get into he -said she -said". So, your official Mr Beshara can report Mr Sawyer's Page 11 of 18 statement as being fact and if Rubina attempted to give our side of the story, it turns into "can't get into he -said she -said". Mr Beshara continued in this vein about our driveway opening being "in the wrong place" and also added that the driveway asphalt could not impinge on the town easement at street level either. Rubina pointed to the plan that showed otherwise, but Mr Beshara insisted no part of the easement could have asphalt on it. Rubina then pointed out that our driveway at street level would then be a very narrow strip barely one car wide and that, together with its peculiarly -shaped and very acutely -angled approach, would not be safe to use. She asked if Mr Beshara felt it reasonable that our house would then have the only driveway in the street looking "both silly and practically unusable". Mr Beshara stayed adamant, constantly reformatting his angle of attack each time Rubina came up with an intelligent and commonsense response. Mr Beshara finally browbeat Rubina into believing we could not leave our driveway entrance in the location where it was. Mr Beshara told her we would have to apply to Planning for permission to have the driveway opening and location where it currently was, but unless Planning approved the existing location, we would have to move it to where he said. When Rubina asked him how this approval process was done, he explained that we would have to place our application on the agenda for the next meeting and present our case and went on to make a big production of a chance it might be denied. Then the topic switched and Mr Beshara told Rubina that she needed to remove a boulder wall, a couple of trees and our sprinkler system from what he described as the town access easement. Having barraged Rubina for over half -an -hour about the driveway opening, he then proceeded to barrage her for another half -an -hour about these alleged impediments, also bringing up the claim that our landscaper had "badly damaged the street curbing". Regarding the latter, apart from some minor popping -out of cement filler between the curbing sections, neither of us could ever detect anything out of the ordinary in the condition of the curbing outside our property compared to the rest of the street. Of course, any attempt on Rubina's part to point this obvious -to -the -eye fact out to Mr Beshara was met with resistance on Mr Beshara's part, because his agenda for pestering Rubina was clearly pre -conceived. The entire experience with Mr Beshara left Rubina drained and shaken because so much of Mr Beshara's way of speaking was with thinly -veiled threats - this was the main reason Willis took a day off work the next day to be at our property just in case Mr Sawyer or Mr Beshara hounded her again. Lo and behold, Mr Beshara turned up again the next day and fortunately for Rubina, relatively soon after he had begun where he had left off the previous day, Willis showed up, which resulted in Mr Beshara's switch to a more modulated approach with Willis present — all white and 6'3" of him — but essentially got us feeling as if we were some sort of common criminals with having a driveway opening and trees and sprinkler systems all allegedly "in the wrong place". After spending over forty minutes with us on his mission for the good of the subdivision, Mr Beshara felt it appropriate to send a letter to Rubina ALONE, in which Rubina is referred to in the third person terms that are unequivocally harassing and humiliating towards her in their implications. Mr Beshara's letter purports to show how dutiful he is to send this horrific `discovery' of all these problems Rubina had caused to the town easement to the `unsuspecting' daughter of the developer. The letter also helpfully contained numerous additional `discoveries' Mr Beshara had never mentioned to us and that were as Page 12 of 18 unsubstantiated as his other claims, such as that there was "construction of a driveway" occurring at our property that he claimed was compromising "the Town's ability to provide maintenance and repairs to the drainage system". For the record, it was clearly evident to him that there was no work occurring on construction of a driveway at our property then (or to date) — but no doubt this `observation' helped the developer to receive his bond money back. Presumably desperate to pull as much out of his conjuring hat (he forgot the rabbit) as possible to ensure that only Rubina got blamed for the easement being compromised, Mr Beshara also made sure everyone knew about "curbing" that the irresponsible "Mrs Rubina Hendley" allegedly placed in the town access easement. This "curbing", that is such an alleged impediment to vehicles, consist of 12" long by 5" high blocks of the type available in Home Depot and used for edging flower beds in millions of homes throughout the country. North Andover, is there no limit to the degradations your town officials feel they can put us through? There are so many twisted, exaggerated and sordid claims in Mr Beshara's communication that are based wholly on unsubstantiated claims and outright lies that we are left at a loss for words for the brazen manner in which he can get away with writing these things. The statement in the letter "the driveway opening was adjusted to suit the homeowner" implies that the driveway opening location that was in place was due to unreasonable or flamboyant excesses by us. Not only was this not the case, but it was clearly obvious in any site visit that it was also the only REASONABLE place for it and we had no other option since our builder had constructed our house in the wronglocation (confirmed by the as - built on file at the time) and also at the wrong elevation. Exactly the same type of deviation in location and elevation that occurs at other houses in this subdivision — for example, the property adjacent to ours has a driveway in a significantly different location and elevation to the approved plans so as to permanently compromise our deeded septic grading easement and also cut across our lot line — but of course this is no concern to either your town or Mr Beshara. It is noteworthy that in his letter, Mr Beshara refers to a "15' width in the easement to allow access to maintenance and construction vehicles". The original width of this part of the easement per the approved plans was 20' total and the SOLE reason Mr Beshara has reduced it to 15' total (10' instead of the approved 15' on our side of the property line and 5' on the adjacent homeowners side of the property line) is because he was fully aware that our builder had positioned our house much closer into the easement side of our property than the approved plans depicted and that he actually knew this was reason for the easement being compromised. Another degradation in this letter was the reference to a May 29 meeting at our property between the developer's daughter Ms Darcy, Mr Beshara and Mr Sawyer for which we were not present nor we knew nothing about and this letter exposes how these individuals thought they had a right to impose conditions on how we could use our property. Worst still, Mr Beshara wrote: "Requiring the driveway to be built according to plan would require the homeowner to remove a substantial wall and stairway which would serve no purpose". Page 13 of 18 This statement is an example of PURE UNADULTERATED HARASSMENT that was MALICIOUSLY MADE. Mr Beshara has a PE qualification — he knew exactly what the effect of that horrific, unsubstantiated, threat to destroy our property was all about. A few days after receiving this communication, Rubina phoned Mr Beshara and informed him that since he was "so concerned" about sprinkler systems impinging on town easements, did he realize there was a sprinkler system and heads within the town easement at the property next door. Mr Beshara replied, "Is there? Is there? I'll go and knock on their door and tell them to remove it." Rubina asked when he would do this and Mr Beshara replied "this afternoon". A few days later, Rubina phoned again to enquire about Mr Beshara's visit and this is what he came out with "on second thoughts, you can leave your sprinkler system in place". There are also recently -planted trees on the adjacent property that also appear to impinge on the access easement — but your town is not going to be interested in those because they do not form part of the need to use "Mrs Rubina Hendley" to deflect attention away from violations committed by others. 8. Ms Sandra Starr and Mr Brian La Grasse, Board of Health: The entire circumstances behind the septic installation failure at our properrthat occurred under the full oversight of your Health Director Ms Sandra Starr reveal administrative failings on a scale that is staggerinand incidents ofserious professional misconduct by both contractors and ohrcials alike. On Thursday November 21, 2002, Mr LaGrasse, delivered a verbal cease and desist order at our property to stop work being continued by our contractors who were in the process of preparing to build a wall alongside an existing septic installation that had been originally installed to completion in November 2000, under the aegis ofMs Starr, but which, in fact, significantly failed to meet the minimum requirements of Title 5 of the state environmental code with regard to downhill slope setback requirements for the soil absorption system because of significant deviations in elevations and locations of permanent structures at the adjacent occupied property compared to the approved plan. [Deviations from approved plans at the adjacent property and their subsequent adverse effect on ours is relevant to consider since the public record clearly shows this entire subdivision as being an engineered site with complex interaction of the location and elevation of structures and other elements within and between each lot. Even though Ms Starr had information from the public record to support the fact that site conditions deviated significantly from those in the approved septic design plan MONTHS before Mr Sawyer started work - thereby making this original plan for our property invalid for use by our former builder and Mr Sawyer and that any septic installation using this plan should never be allowed to proceed - nevertheless, full installation was allowed using this same plan, with permit issued to Mr Sawyer and periodic inspections performed by Ms Starr.] IT IS AN IMPUTABLE FACT THAT TITLE 5 HAS IN-BUILT ADMINISTRATIVE SAFEGUARDS TO HAVE PREVENTED THE WRONG DESIGN FROM EVER HAVE BEEN USED FOR A SEPTIC INSTALLATION. Page 14 of 18 A Through our own investigation and efforts, we made the painful discovery of significant Title 5 failure of the septic installation at our property, which also included identifying significant administrative errors throughout this subdivision made by your various officials and numerous examples ofsignificant violations of state and local regulations that had been allowed by them for one reason or another (refer to our complaint lodged with DEP for examples of these). The wall construction work that was required around the existing septic installation at our property was not part of the original design and its purpose was to act as mitigation of sewage breakout and meeting downhill slope setback requirements for Title 5 minimum requirements. Compounding the headaches we have incurred as a result of mistakes made by your officials concerned, the wall was necessary because we were prevented from using a deeded septic grading easement for our property on the adjacent property because your officials also wrongly allowed a structure (a driveway) to be placed on it at the wrong elevation whose location could not be changed either. Thus, instead of being able to add soil to solve the Title 5 failures at our property, we had the considerable extra expense of needing a wall built. The cease-and-desist order was one of the most vindictive decisions in a whole slew to which we have been subjected by your officials connected with the building process all the while we have tried to seek occupancy for a home we have labored hard for. It TOTALLY UNNECESSARILY prevented our being able to move into our home for the 2002 holidays, particularly as we had suffered enormously* as a result of the serious administrative mistakes at the hands of Ms Starr and had also ended up personallyidentifying and sorting out these in order to submit a revision to the original approved septic design plan used for .the installation at our property. [* We went thorough weeks' long mental shock and agonies believing Ms Start's decision that we had no other option but to remove the ENTIRE existing septic installation and replace it with a new one, because she had failed to ensure that the most fundamental and vital Title 5 requirement of deeded septic grading easement needing to be depicted on the original septic design plan. It was entirely due to vigilance on our part and the decision we made to study Title 5 for ourselves that we were spared this removal and replacement at a huge cost to us.] We are as much the victims of the negligence of your Health Director and associated contractors with regard to our septic installation as are the equally innocent homeowners living in a property in this subdivision discharging sewage and household waste for the last three years to a septic system that is in technical violation of Title 5. What is likely to happen at the point these homeowners might try to sell their property? Discover how the town had allowed contractors, perhaps long gone, to leave them with this impediment to selling their property. We were also present at the time of Mr LaGrasse's visit and the cease and desist order came as a total shock and surprise to us and we expressed as much to Mr LaGrasse. Mr La Grasse went on to inform us that we were performing work allegedly in violation of an administrative condition in which: Page 15 of 18 • a licensed septic installer take out a permit for our wall installation work and for a minor repair to the end of a plastic septic pipe damaged during tree planting preparation work by our landscaper; • then for this installer to stand around the whole time the wall work was being done; • then for this installer to agree to certify the entire septic installation (original and new). Mr La Grasse informed us that unless we complied with these conditions, all work on building the wall would have to cease. We asked Mr LaGrasse to cite specifically where the requirements we were expected to comply with were mentioned in the regulations for the circumstances we were under. At this point Mr LaGrasse did not answer our question, but instead informed us, with a very broad grin across his face, "that's Steve Ericsen's job and he should have known better than to let you go ahead with this". We pleaded with Mr LaGrasse to be allowed to complete the work because we had a miniscule window of opportunity left before winter conditions made work outside impossible for the kind of work we needed to do. Our plight clearly satisfied the spiteful behaviour that we have time and time again been subjected to with Mr LaGrasse. As he walked away from delivering his cease-and-desist order, he threw his head back laughing and as he got in his car and drove away he carried on laughing. This was also witnessed by both our contractors, whose disbelief at Mr LaGrasse's conduct mirrored ours. Mr LaGrasse's notification of a cease and desist order at this time of the year, within the context of the entire circumstances behind the septic installation issues at our property as well as the manner in which your officials had treated us to date, effectively ended all hope for us to be able to occupy our home -to -be for the late 2002 holidays and meant we would have the massive expense of an empty, but otherwise habitable home, to support until the weather broke in the late spring/early summer of 2003. The requirement we were given to fulfill by Ms Starr of our needing another septic installer taking over the responsibility for installation of the original septic installation at our property is also in complete contradiction to the statement she made to our septic designer, Mr Steven Ericsen, in September 2002, in which Ms Starr would act as administrative sign -off for the existing septic installation (in light of Mr Sawyer's refusal to do so for our original installation) and Mr Ericsen would act as the certified surveyor as the administrative sign -off for the wall construction. Not just content with shielding the original septic installer from deception involved in our septic installation, Ms Starr has backtracked on the procedure she outlined to Mr Ericsen. In the days after the cease-and-desist notification was given, we both spoke to numerous officials and also spent running around frantically trying to find a way to comply with yet another set of `verbal' conditions that defied commonsense as well as our understanding of the regulations (of course, no support along those lines was ever given us, despite the fact time and time again — including our written request to Ms Starr originally made in August 2002 that has been totally ignored to date — we asked for these in writing). Page 16 of 18 R � ; The response from your Town Manager has not helped because its reference to administrative requirements he claims we should meet contradict the ones repeated time and again to us by Ms Starr and Mr LaGrasse. Further, in his letter, your Town Manager states: "Your filing a complaint with the Department of Environmental Protection against the Health Department staff is within your discretion. However, it is uncertain whether the Department of Environmental Protection has jurisdiction in the matter. If you believe that the actions of the Health Department staff were unwarranted or not in compliance with regulations, you bring the matter before the Board of Health at their next scheduled meeting. If you wish to do so, please contact Ms Sandra Starr at 978-688-9540 to be placed on the agenda." Needless to say, in light of our entire experience with your officials and with Ms Starr and Mr LaGrasse in particular, we find this suggestion to be almost beyond belief In the case of our trying to put our existing septic installation into compliance, Ms Starr has turned what was a straightforward corrective process into a contorted and ugly proceeding with additional problems created for us, entirely due to her's and Mr LaGrasse's own administrative mishandling, negligence and outright hostility towards us and by Ms Starr's shielding of the septic installer's attempts to mislead. Despite your Town Manager's stance, there is absolutely no justification WHATSOVER, UNDER ANY CIRCUMSTANCES, that the form your officials' behaviors and decisions have taken to date could be construed as necessary or reasonable for our circumstances. As for the traits outlined in the "Customer Service Follow Up Form", issued by your Community Development & Services Division, these are an excruciating reminder to us that these, the most basic of concepts in public service that should be automatic in their execution for all, have purposefully excluded us. We consider it is disgraceful indictment on your town that your officials have given the `welcome mat' of such nasty associations with our home -to -be and that because of the environment we have encountered that has been so discriminatory, retaliatory and lacking in impartiality towards us we are forced to resort to using our attorney to make sure no more of our rights and liberties are violated. Yours s' re ly,, Willis A M Hendley Rubina Hendley Page 17 of 18 Az#�-Orq cc Ms Kathy McKenna, Planning Building Department Ms Julie Parrino, Conservation Mr Hmurciak, DPW Mr Beshara, DPW Mr Tim Willet Ms Sandra Starr, BOH Mr Brian LaGrasse, BOH Ms Heidi Griffin, Community Services Development Lt Melnikas, Fire Inspector Page 18 of 18 ,au�C �io Willis & Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844-2669 Thursday August 15, 2002 Sandra Starr Health Director Town of North Andover Health Dept 27 Charles Street North Andover, MA 01845 Delivered by hand on Aug 15, 2002 Dear Ms Starr, RE: Septic system at Lot 2, 101 Cricket Lane We enclose a copy of the As -Built of Subsurface Disposal System, prepared by Merrimack Engineering, together with an incomplete Installation Certification for this property. Sincerely, Rubina Hendley pp Willis Hendley TOWN OF NORTH ANDOVER SEWAGE DISPOSAL SYSTEM INSTALLATION CERTIFICATION The undersigned hereby certify that the Sewage Disposal System V) constructed; ( ) repaired: by located 43 C5(A%1h1«+ct0s L.C-Li was installed in conformance with the North Andover Board of Health approved plan, System Design Permit # , dated , with an approved design flow of 44o gallons per day. The materials used were in conformance with those specified on the approved plan; the system was installed in accordance with the provisions of 310 CMR 15.000, Title 5 and local regulations, and the final grading agrees substantially with the approved plan. All work is accurately represented on the As -built which has been submitted to the Board of Health. Bed inspection date: I ako Final inspection date: 11hZ= Installer: Engineer Representative Engineer Representative LicA Date: Design Engineer: N QTc , �,,yr„ 0 0 0 11-1 0 BUILDING TIES :-DING CORNER PTIC TANK A B DIST. BOX 33 i 31.4 CORN. LFAr.N riri ., 32 I' 1Q DIST. BOX OUT A H N = � �• 2 = 1 7, 43.59' 3r RO- / �'O� '0 \ GESREQ NG \OVA 0� F co0pP F � 6� G• �.o• 5s 0 P �. B M;202. 1 0 9' �h O Aj`1�• �s 75 pp, OF X CERTIFICq�ONIS NOT \ ESUBSURFACE DISPOSAL ECORD OF100 TMELOCATION STEM COMPONENTS. E EXISTING G19 13 o� Z NO A 'c n c & R UBINA HENDLEy m 105 ROLLING RIDGE LANE METFIUEN, MA. 01844 SCALE: 1 "=20' DATE: NOVEMBER 17 2000 REMCHANGED NAME P SIONS P41ERRIMACK ENGINEERINGDATE ROFESSIONAL SERVICES } LAN WAS PREPARED FOR 66 PARK S ENGINEERS • LAND SURVEYORS . 8/13/02 117EL (978) 4 ANDOVER. MASSACHUSETTS PLANNERS SSSS FAX (978) 475-14� 01810 f 4� SEPTIC SEPTIC TANK,,, AS OF SUBSURFACE DISPOSAL LOCATED IN SYSTEM NORTH ANDOVER, PREPARED FOR R� ��• WILLIS Dale—.45r A3 Willis & Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 018442669 Thursday August 15, 2002 Sandra Starr Health Director Town of North Andover Health Dept 27 Charles Street North Andover, MA 01845 Delivered by hand on Aug 15, 2002 RE: Certificate of Compliance for septic system at Lot 2, 101 Cricket Lane Dear Ms Starr, C_ - fqO ire'? F AUG 15 2002 We are working towards receiving sign -offs from the various town departments prior to receiving an Occupancy Permit for the above property. We had originally hoped to schedule our final building inspection for the week of August 5. However, during a visit to your department on August 8, we discovered that a memo dated the same day had been filed by your Health Inspector, Mr Brian LaGrasse, advising the Building Inspector to not issue us the Permit as there is no Certificate of Compliance for the septic system at Lot 2. We learnt from Mr LaGrasse that this was as a result of a letter from the septic system installer, Mr William Sawyer of ARCO Excavators Inc, that had been filed with your department on April 22, 2002. It was at our counter visit on August 8 that we learnt for the first time of the claims being made by Mr Sawyer and also of his refusal to sign off on the installation, as he had not disclosed any of these to us either verbally or in writing. The landscape contractor for our project was Mr Michael Arrasmith of Atkinson Tree & Landscape and the company, "Wickson Inc", referred to by Mr Sawyer was a sub -contractor of Mr Arrasmith's. Our landscape contractor has also not at any time mentioned to us the "warnings" Mr Sawyer claims to have made. Our scaled landscape plans showed the locations of the septic leach field and the components up to the septic tank and that no further grading or extra loam was required in this area. Additionally, Merrimack Engineering had staked out lot line markers at our request prior to our landscaping work beginning. We believe that the company "Wickson Inc" also installs septic systems and, therefore, we presume that they are aware of the due care required to be exercised over a septic system installation. Mr Sawyer has claimed in his letter to you that "the lot was sold before I was able to complete the final grading on the septic system". We not only have documentation to show otherwise, but we were also present at the lot while this work was being completed. ARCO Excavators began work on the septic installation for Lot 2 in late October 2000. By November 2000 they had completed this work as well as all the remaining site sub -grading Lot 2 required. Our builder also had ARCO Excavators spread the screened topsoil he had ordered over all areas on Lot 2, including the septic system area, for our builder's landscape contractor to do finish landscaping (hydroseeding and planting). However, the latter did not occur and from January 2001 we were involved in negotiations with our former builder for us to take over completion of this property. We asked our builder to have ARCO Excavators complete some extra work on our lot before closing, including spreading an extra layer of topsoil over our lot up to the detention basin, in preparation for us to assume finish landscaping only and driveway installation by our own contractors after closing. Not only had ARCO Excavators, in November 2000, already completed finish grading over our whole lot, including the septic system, they also completed the extras we asked our builder for when they returned in early April 2001, well before the property was sold to us. It has come as a great surprise to us to learn that your department is not signing off on our Building Permit since both septic and site finish grading had been completed by ARCO before we closed. With reference to Mr Sawyer's other allegation that "they have made noticeable grade changes including a stone retaining wall", please refer to the attached letter we received from Ms Julie Partin dated August 13, 2002, in which she states that "lot development has been completed in substantial conformance to the approved plans", based on an As -Built of Lot 2 dated June 25, 2002, prepared by Diversified Civil Engineering. We have also received Form -U sign -offs from DPW and the Planning Department. As for the "stone retaining wall" referred to by Mr Sawyer, we presume that he means the one located at the opposite side of our property to the septic system. We fail to understand its relevance to the septic installation. In order to resolve this situation, we have retained the services of Mr Steven Eriksen of Norse Environmental Services Inc. In the meantime, at your earliest convenience, we would appreciate a letter from your department indicating exactly what is required in order to issue us a Certificate of Compliance for our septic installation. We are grateful for the assistance given by your department to date towards resolving this matter, and we would like to minimize any further delay and expenses. Sincer y, Willis Hendley Rubin Hendley Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator August 13, 2002 Willis & Rebena Hendley 105 Rolling Ridge Lane Methuen, MA 01844 RE: Lot 2 Cricket Lane DEP 242-904 Dear Mr. & Mrs. Hendley: 27 Charles Street North Andover, Massachusetts 01845 .Dwe-ll 41 ♦ r�' Telephone (978) 68&9530 Fax (978) 68&9542 I have reviewed the As -Built plan prepared by Diversified Civil Engineering dated June 25, 2002 for you property located at Lot 2 Cricket Lane. According to the As -Built Pian, it appears lot development has been completed in substantial conformance to the approved plans. I am also in receipt of a letter from Norse Environmental proposing minor landscaping activity near and along the detention pond slopes. I have reviewed the letter and sketch plan and hereby authorize the proposed activities. Please keep in mind no changes to the shape, size, or topography of the detention pond may result from landscaping activities. In addition, landscaping activities may not impede water flow or infiltration through the basin. Disturbance to the stabilized slopes must be kept to a minimum to reduce siltation. Activities in the buffer zone beyond those reviewed and approved by my Department must be submitted for approval. If you have any questions, Julie free to contact me. Administrator CC: NACC Heidi Griffin, Community Development Director Bob Beshara, DPW Clay Mitchell, Interim Town Planner Steve Eriksen, Norse Environmental BOARD OF APPEALS 688-9541 BITILDING 688-9545 CONSERVATION 688-9530 HEALTH 68&9540 PLANNINIG 688-9535 21ve-Atx:5- Town of North Andover Licensed Septic System Installers (Mb,'osal Works Installer's) (Please note that the septic installer is licensed only -- not the company) Five or more installations within the last Name year # of Company Permit # Phone # 1 Amor, Robert 1 R.T. Amor I BHP -2004-1,349 978-948-3341 2 Bateson, Todd 8 113ateson Enterprises, Inc. BHP -2005-0053 978-475-1474 3 Beaulieu, Serge R. -NEW 0 lRoadway Excavators, Inc. BHP -2005-0071 603.893.9189 4 Breen, Peter 0 Peter Breen Excavating, Inc. BHP -2005-0038 978-687-7774 5 Busby, Philip A. Jr. 0 Busby Construction Co., Inc. BHP -2005-0011 603-362-4650 6 Carr, John 0 Ramey Construction BHP -2005-0034 978-683-6791 7 Colosi, Philip A. 0 Colosi Construction LLC j BHP -2005-0012 978-777-5679 8 Coyle, Kevin 0 Kevin Coyle BHP -2005-0010 978-479.2818 9 Currier, James H. 0 IJames H. Currier Construction Co, In BHP -2005-0009 978-774-6685 10 Daigle, Rob 1 Creative Builders BHP -2004-1355 978-682-4948 11 DeLucia, Rocci Jr. 0 Frank DeLucia & Son, Inc. BHP -2004-1357 978-686-8200 12 DiVincenzo, John L. 0 Andover Septic/J&S Dev. Corp. BHP -2005-0006 978-521-5251 13 Giard, Daniel 0 Daniel A. Giard Septic Service BHP -2005-0001 978-686-7653 14 Hall, Bill, Inc. 2 Bill Hall, Inc. i i BHP -2004-1351 978-689-3711 15 Hartigan, James 0 liames Hartigan BHP -2005-0028 978-766-0087 16 Hayes, John 0 J.B.H. Compact Equip. Co. BHP -2005-0117 978-686-5229 17 Henderson, William S. -NEW 0 William S. Henderson PENDING 978-490-0085 18 Hoehn, Bruce 0 Bruce Hoehn i BHP -2005-0092 978-372-8274 19 Hutton, Arthur 0 Hutton's General Construction, Inc. BHP -2004-1356 978-685-2627 20 lacozzi, Stephen -NEW 2 Stephen lacozzi BHP -2005-0095 978-479-4407 21 Innis, Robert L. 1 R.L.I. Corp. BHP -2005-0069 978-663-6006 22 Kellett, James 12 Kellett Excavating BHP -2005-0007 781.953.7146 23 Marsh, Steve 0 The Westchester Co. BHP -2004-1361 978-742-9778 24 Maynard, Dave 1 Maynard Construction BHP42004-1354 603-228-4436 25 McKee, Brian 0 1 D.P. McKee & Son Excavators BHP -2004-0023 781-942-7608 26 O'Connell, Kevin -NEW 0 Kevin O'Connell BHP -2005-0100 978-658-3933 27 Osgood, Ben , S 5 New England Engineering BHP -2005-0032 978-686-1768 28 Pearce, Warren 1 Pearce Construction BHP -2005-0010 978-664-5264 29 Petrosino, Angelo 0 Angelo Petrosino BHP -2004-1358 978-664-2030 30 Quinlan, Timothy 0 Quinlan &Rand Builders BHP -2004-1350 978-682-1570 31 Sawyer, William T. 0 Arco Excavators, Inc. BHP -2004-1353 603-642-8910 32 Shaw, John III 1 Wildwood Excavation, Inc. BHP -2004-1352 978-474-8088 33 Slombo, Robert 0 Robert Slombo BHP -2005-0054 603-659-6962 34 Soucy, John J. 10 Soucy's Sewer Service BHP -2005-0013 978-470-1400 35 Surianello, Joseph 0 Ralph Surianello, Inc. BHP -2004-1360 617-799-3900 36 Todd, Charles R. 0 Charles R. Todd Contractor, Inc. BHP -2005-0004 978-667-7853 37 Waelty, Craig(Skip) 4 Craig Waelty BHP -2004-0671 978-664-2126 38 lWatson, Joseph 2 JW Watson, Jr. Inc. BHP -2004-1359 978-475-3262 39 Whyman, Jon 0 J. Whyman Construction ! BHP -2005-0005 781-334-2323 40 Zaher, Charles 0 Charles Zaher BHP -2005-0037 978-441-9429 Note: The Septic Installer Exam is held in January. March, May. July and September of each year. You must call the Health Department to sign up for the exam at 978.688.9540. The testing fee is $25. j Last Updated: 8/9/2005 FINAL GRADE INSPECTION Date: Address: ❑ LOAMED? ❑ SEEDED? ❑ COVER PER PLAN? Other: F -y r PIERCE, DAVIS & PEPMTANO, LLP COUNSELLORS AT LAW Joel F. Pierce John J. Davis * Judith A. Perritano John J. Cloherty III Daniel G. Skrip Of counsel: Gerald Fabiano Jeffrey M. Sankey Ms. Sandra Starr 22 West Street Georgetown, MA 01833 TEN WINTHROP SQUARE BOSTON, MA 02110-1257 TELEPHONE (617) 350-0950 FACsrntn.E (617) 350-7760 July 17, 2006 Re: Willis Hendley, et al. v: William Sawyer, et al. Essex Super. Ct., C.A. No. 05-01540 Our File No.: 164-0403748 Dear Ms. Starr: RECEIVED JUL 14 2006 TO'V%IN OF NORT:-I A^iOOVER Kip J. Adatris..... .. -- -- Patrick D. Banfield Mia Baron John R. Felice David C. Hunter f Michael D. Leedberg • Robert S. Ludlum to Julia C. Martinescu * Terrence D. Pricher David G. Schwartz Adam Simms f *also admitted in RI ♦ als dmitted in PA also a mitted in NY also a miffed in CT 1 � 2Q46 w— _ R t N As I mentioned today, please find enclosed a copy of the Clerk's Notice which confirms that the Superior Court (Kottmyer, J.) has granted our motion to dismiss the plaintiff s complaint against you. The Clerk's Notice allows for an amended complaint to be filed by July 30, 2006, provided that it "details with specificity the contents of any misrepresentation(s) made by [you], the date(s) of such misrepresentations were made, etc...." Considering that you told me that you never met with or spoke to the Hendleys prior to the closing on 101 Crickett Lane, it seems unlikely that the Hendleys can in good faith comply with the Court's Order concerning their filing of an Amended Complaint. Nonetheless, we will contact you promptly if and when we receive an Amended Complaint which names you as a defendant. Please do not hesitate to contact us with any questions or concerns. Very truly yours, PIERCE, DAVIS & PERRITANO, LLP Adam Simms AS/mm Enclosure cc: Ms. Susan Sawyer Daniel S. Morrison, Esq. CL monwealth of Massachuse'! County of Essex - The Superior Court RE: Hendley et al v Sawyer et al TO: John J Davis, Esquire Pierce Davis & Perritano 10 Winthrop Square 5th Floor Boston, MA.02110-1264 CLERK'S NOTICE Civil Docket JUL 18 2006 40 ANDOVER This is to notify you that in the above referenced case the Court's action on 06130/2006: RE: Defendant Sandra Starr's MOTION to Dismiss w/supporting memorandum is as follows: MOTION (P#41) the motion to dismiss on statue of limitations grounds is ALLOWED, provided that leave is given to plaintiffs to file an amended complaint within 30 days of this order that details with specificity the contents of any misrepresentation(s) made by Starr, the dates of such misrepresentation(s) were made and the facts alleged to constitute reliance on the misrepresentation(s). A responsive pleading will be due 10 days after any amended complaint is filed. (Diane M. Kottmyer, Justice). Notices mailed 7/3/2006 Dated at Lawrence, Massachusetts this 30th day of June, 2006. Telephone: (978) 687-7463 Copies mailed 07/03/2006 cvdreault 2.vpd 633033 mottext sullkell Thomas H. Driscoll Jr., Clerk of the Courts Philip Massa Assistant Clerk i a s a a i a a a o z el Wo H�P4L') Ig a0P64u N 5zZ� a A��0 wPQ v x W4 ,I- 00 c o cu x4QJ)¢ caao .� CZ0 60 goo o 0 Z Willis & Rubina Hendley 105 Rolling Ridge Lane Methuen, MA 01844 September 25, 2005 Ms. Susan Y. Sawyer Public Health Director Town of North Andover Health Department 400 Osgood St North Andover, MA 01845 Dear Susan: Thank you for your letter of August 191h. We have been laboring under some adversity to complete our property, and would now like to proceed with the intent of getting into the house this year. The last communication that we received from North Andover on this matter placed several requirements on us, which we believe are unwarranted and are consistent With the behavior that has characterized our difficulties with the Town of North Andover over a period of several years. With the apparent change in personnel in the department we would like to use this opportunity to respond to these requirements and make a fresh start on getting into our home in an expedited manner. To this end in the following section we have included the original requirement from Ms Heidi Griffin, and our response. It is our hope that we can either meet to resolve these differences or receive a follow up mail from your department acknowledging our requested changes. 1. If site conditions are found in the field to be different from those indicated on the de ignplan and/or roil 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 CMB 15.020(1)). Prior to commencement of the septic system repair we will retain our landscape contractors to return the site to the condition prior to the aborted attempt to implement a repair based on the previous approved repair plan, in November 2002 at which time excavation for the footings of a larger slope retaining wall was started. This excavation will be refilled, and slope returned to the approximate grade prior to commencement of work on the new approved plan. This landscaping does not consist of any work subject to Title 5 inspection, which will be separately performed by our licensed septic installer. 2. Itis the responsibility of the applicant andl or the applicant's septic ,ystem designer, 4tic 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 andl or imply compliance with any of the aforementioned requirements. It is our intent that all applicable state and municipal requirements are met. However, we are not aware of any additional or unusual requirements that fall into this category, and request that the Town of North Andover notify us if is aware of any that fit this description. -2— September 25, 2005 3. The piping in the distribution lateral is to be comprised of Schedule 40 PVC pursuant to the regulations of the North Andover Board of Health. The piping material will be of Schedule 40 as described. 4. The entire septic ystem is to be inspected by a septic ystem inspector licensed by the Massachusetts Department of Environmental Protection prior to issuance of a Certificate of Compliance. Previous notice of three business days shall be provided to the North Andover Board of Health before commencement of said inspection. The inspection shall include at a minimum all components of an inspection as indicated in Title 5 plus the uncovering and exposing for visual examination of all concrete components and all piping shall be examined either remotely with camera equipment or physically exposed and visually examined. If repairs are necessary a Disposal Systems Construction Permit must be issued to a licensed Disposal Systems Installer prior to commencement of repairs, with repair inspections performed by the Board of Health. In response to some allegations by Mr. Sawyer, the system was video inspected in September 2002 by Mr. Bateson of Bateson Enterprises, in the presence of Ms. Starr (the health director at the time) and our expert - Mr. Stephen Eriksen of Norse Environmental services. Other than the known minor damage to the end of one leach pipe no other damage was found. If Ms. Starr failed to document this event, we can provide a written statement from Mr. Eriksen to this effect. We therefore believe that this requirement has already been met and does not need to be repeated. The system was inspected and passed to all except final grading (a ToNA requirement, not Title 5) during its original installation. Given the subsequent video inspection we see no reason for further inspection of the system, other than the components of the repair as part of the normal inspection process for repairs. 5. The leach stone underneath the portion of Existing Leach Trench #2 which is slated to be abandoned shall be removed and the void filled with sand meeting the specifications of Title S fill material. The leach stones under the abandoned section of pipe will be removed and replaced with sand as specified. 6. The locations of the property boundaries and the proposed amendment to Leach Trench #2 are to be staked by a Massachusetts Registered Land Surveyorprior to commencement of construction. The revised property line and leach trench amendments will be staked by our surveyor — Land Tech, of Westford MA - prior to the septic repair, but not necessarily prior to our landscaping cleanup of the area prior to construction. 7. The Certificate of Compliance must be signed by the designer, installer and municipal health official prior to issuance of an Occupan y Permit. This will be per normal inspection and approval processes. —3— 2�ve-,2zt/�21 September 25, 2005 8. Amore detailed plan is to be submitted showing how the retaining wall specified on the design plan will maintain compliance with 310 CMR 15.211 (1) (4) including the material of construction, placement of any necessary impervious barriers, etc. The purpose for the wall is to provide structural support for the slope — hence "retaining wall". There is no needed or intended role in the mitigation of sewage breakout. In the judgment of our septic designer, a CMR 15.255(2) compliant wall is not required, as the proposed stabilization wall is a maximum height of 2' above grade, and for 2/3rds of its total length of 35' varies between 0' - 2' high, and as such does not require any footings. As designed it plays no role in mitigating sewage breakout. Common engineering practices for this type of wall are to use a simple boulder retaining wall, although for cosmetic purposes we plan on using architectural quality concrete blocks. Additionally, there is no requirement that the wall be in any way impervious. The guideline G02-1 (in the first paragraph on page 4 of 5) makes it clear that an impervious barrier (poured concrete or otherwise) is only required when both the horizontal setback of 15' cannot be met and the side slope is steeper than 3:1. In our case we can meet the 15' setback, so this condition is not true and an impervious barrier is not required, only a stabilization wall. We hope that these responses are clear and taken in the spirit in which they are intended, namely to ensure that all appropriate Title 5 requirements for our property are met, but that no unnecessary or unsupported additional requirements are placed upon us so that we may proceed with an expedited closure of our approvals and issuance of occupancy permit. If you have any immediate or urgent concerns, I can be reached at most times on my cell phone (978 257 2636). As our landscapers, surveyors and septic repair contractors will be starting work imminently, I would appreciate that I be contacted if there are any issues, rather than have them harassed directly by your Mr. Brian Lagrasse — as was the case last time. Sincerely, di - Willis Hendley cc. Ray Santilli, Asst. Town Mgr.., HR Dir.., Interim CD&S Dir. ACTIVITY REPORT - TIME 04/28/2006 09:44 NAME : HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 NO. DATE TIME FAX N0./NAME DURATION PAGE(S) RESULT COMMENT #465 04/27 14:00 89786823637 01:58 05 OK TX ECM #466 04/28 09:33 819786490981 01:00 03 OK TX ECM #467 04/28 09:42 819787771025 30 1 03 OK TX ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION / OUT OF MEMORY CV COVERPAGE POL POLLING RET RETRIEVAL PC PC -FAX Page 2 of 2 I would appreciate receiving the following information described below with respect to the above subdivision, which I requested on numerous occasions, both in person and in writing, to your predecessor, who declined for reasons never explained to provide to me. Please note, there are deeded septic grading easements for nine of the ten new - construction properties, appurtenant to each and located on the adjacent property, Plan #13636, recorded on Dec 16, 1999. I also have a copy of the subdivision's Definitive Plan #13447, recorded on April 18, 1999, and this plan does not reference any of the septic easements presumably because, according to the date mentioned above, said easements had not been devised, or disclosed. I double-checked at the Lawrence registry of deeds for an update to the Definitive plan that depicts these easements, but had no luck finding one. I assume a Definitive plan exists depicting these easements, and I would appreciate any relevant information so that I can get a copy from the registry. I would also like to be directed to which public files for the subdivision (planning, board of health, building, etc) have the information regarding the submission and approval processes for these easements. Thank you for your help in this matter. Sincerely, Rubina Hendley Ahhh ... imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. 4/24/2008 COPY Madelyn Morris Deputy Regional Director Bureau of Resource Protection DEP, Northeast Regional Office 205 Lowell Street Wilmington, MA 01887 Rubina Headley 105 Rolling Ridge Lane Methuen, MA 01844-2669 Thursday December 12, 2002 Sent via Certified Mail Re: Request for DEP Investigation of the Town of North Andover Board of Health Failures to Enforce and Implement 310 CMR 15.000, Title 5 of the State Environmental Code Dear Ms Morris. In a recent phone conversation with Mr Steven Corr at DEP Boston, I mentioned that my husband and I had documented evidence from the public record that a Board of Health had repeatedly failed to enforce and implement Title 5 amongst various licensed contractors. As a result, this Board of Health's activities have failed to protect public health, safety, welfare and the environment and innocent homeowners have been left with the burden of sorting out the resultant problems arising from these violations. Mr Corr assured me that DEP has a process for evaluating the performance of local Boards of Health in light of public concerns and he referred me to direct our complaint for your attention, copied to Ms Sharon M Pelosi at DEP Boston. It was a real pleasure to have this interaction with Mr Corr as it was one of the occasions in which a public official understood what I meant about the compassionate component in state law, namely the one that protects public welfare. However, the information I received from Mr Corr was in complete contrast to the information my husband received when he recently spoke with Mr David Ferris at your regional office. Mr Ferris told my husband that our complaint involving North Andover Board of Health needed to be directed at a local level only and further stated that if this Board of Health felt it had any questions that it would itself directly contact regional DEP. Additionally, Mr Ferris denied my husband a request for a meeting to discuss our complaint and present our paperwork with our investigative results. In light of the all the information we have gathered about DEP investigative procedures and enforcement decisions, together with our understanding of the provisions within Policy Enf- 97.003 "Policy On Compliance Incentives For Municipalities", we find the explanation offered us by Mr Ferris to be wholly unsatisfactory and hope that dismissing our concerns in this way is not officially -sanctioned DEP policy. I would like to emphasize that my husband and I can support our assertion that this Board of Health is not only unfit to administer the provisions of Title 5 in its currently -structured state but is also most definitely not capable of self -policing. In my attachment to this letter, I summarize just seven of numerous failures to enforce and implement Title 5 requirements at various new -construction properties within a subdivision in North Andover. This summary is based on a more -detailed documentation from the