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8 WYMAN AVE (5) 8 WY MA IV AE. ;3%lMendafteler" a Esselte Ack 42101/3 10% P2 WYMAN AVE . Comm nkat io Report 4*3 .a,r A-, -SALEM fiEAj TM OCT 28 '951 9b: US AN rA ***.3 C.* #:.4 ki.f T�.*.V**C*4:0.* c c.*A.4 ;*1 i.i*v.rc t:,*T*f I *.I,* -'�r'i m E 'S A R�j MODE -REMOTE;iTE�M 111 A L 1I D S T +TIME !14E PAGES STATU ---- ------- ---------s--- -------------- ------ - ----- - ------ 'K" x 508 750 0'206 10/28 ii,,08: 05, AM r4 03: 28 4 G3 S'- -"4 r RESULT :aTRAIJSMI SSIO 4 01, hj t C*:f 4:3 4:4: 0:c*.k.f:t'4 4 rI!f WW ci.A1 / C** - _ � OCT 1p8'; 990 OFI 01 'S 6' PM *CURRIER^+SEP.TIG'- ''� � 398r .750':py0206��-.�'.. PO�lwe��:s' BRIER SPTIC & CUVICE FAX IN � ER DRATRANSMISSION 107 FOREST STREET MIDDLETON, MA 01949 DR ((� p �G�G� OCT 181999: DATE: L/C�i �SI CITY OF SALEM HEALTH DEPT. OUR FAX NUMBER: (978) 750-0206 PLEASE DELIVER THE FOLLOWING PAGES TO: COMPANY NAME: ATTENTION: 1(7 FROM: TOTAL NUMBER OF PAGES I INCLUDING COVER PAGE SPECIAL INSTRUCTION:--v Dec& &r4ir kie - �b in.Jmd IF YOU DO NOT RECEIVT? ALL PAGES, PT,EASE CALL BACK AS SOON A-S POSSIBLE AT (978) 774-2772. *** S N_ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT DAVID B.STRUHS Lieutenant,Governor Commissioner JAN 2 9 1))) January 26, 1999 CITY OF SALEM HFAITL4. DEPT. John and Patricia Miller 8 Wyman Avenue Salem, MA 01970 RE: APPROVAL OF TIGHT TANK TO ELIMINATE FAILED ON-SITE SYSTEM(BRPWP64a) 8 Wyman Avenue,Salem (18-North Coastal) DEP Transmittal No.202850 Dear Mr. and Mrs. Miller: The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection has received and completed its review of the above referenced application for approval of a tight tank pursuant to Title 5 of the State Environmental Code, 310 CMR 15.260 to serve a two-bedroom dwelling at 8 Wyman Avenue, Salem. Accompanying the application were plans consisting of I sheet titled as follows: Title: Sewage Disposal System, Site Plan and Profile Location: 8 Wyman Avenue Municipality: Salem Applicants: John and Patricia Miller Designer: Joseph J. Serwatka,P.E.(Civil)No.36981 .Date(Last Revision): March 6, 1997 (Plan has been revised in pen.however the date of revision is not noted.). . .. Based on its review of the application and accompanying plans, the Department recognizes that the existing subsurface disposal system has failed,a sewer connection is not feasible,and there is no other feasible alternative to upgrade the system in accordance with 310 CMR 15.000. The Department finds that the application and the plans are in compliance with 310 CMR 15.000 and, accordingly,herebyI request pursuantZ,to 310 CMR 15.260jight Tank,subject to the follow_ --- __ - - � _ing: MIT r _--,p .b revocation n J tin��ay, irr- iifthis-n9visiP s. f ailure�to complyvt� hcresult ..5st;provy iapM9YEiI ---------- .....---- - .This information is available in-alternate format I by calling our ADA Coordinator-I at(617)574-6872.' 205a Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 9 Fax (978) 661-7615 -TDD# (978) 661-7679 Printed on Recycled Paper John&Patricia Miller Page 2 January 26, 1999 • This approval is limited to the existing use and any change of use will require a new approval. The tight tank shall not be used for new construction or for any increase in flow. The facility's design flow is 220 gallons per day. • The dwelling is limited to two bedrooms. The owners shall grant to the Salem Board of Health a deed restriction to this effect in accordance with 310 CMR 15.002. • The owners shall allow representatives of the Department and the Salem Board of Health access to inspect the facility during construction in order to assess compliance with the final plans as approved by the Department. It is the applicants' responsibility to ensure that the approved plans are available at the site during construction. • No tight tank shall be utilized until the owners have submitted to the Department and the Board of Health written certification by a Massachusetts Registered Professional Engineer or Registered Sanitarian that the tight tank has been constructed and installed in accordance with the approved plans. • A copy of the as-built plan shall be forwarded to the Department within thirty days of issuance of the Certificate of Compliance. •;Tare owners shall'provide-the-Salem-Board-of-Health-with-a copy-of-an-executed-twoyear-servicecontrac th•a septage hauler,licensed to opera!that-communiq,which identifies the disposal locates)of tbetig t tam contents.—Failuce_of_the-owner-to-properly-maintain-the-tight-tank-and-keep-i�t fro Qverflowino sshallconstitute grounds for revocation_of_this approval. • When a sewer becomes available,the owners shall connect the facility served by the tight tank to the sewer within thirty(30)days and shall abandon the tight tank in accordance with 310 CMR 15.354. • Prior to use of the tight tank the owners shall record in the chain of title to the property a copy of this approval and shall submit to the Department the book and page number and the date of such recording. • An_operation_an3.maititenance plan,acceptafire-to the Solei Board.of,Flealth sFaa1Lbe=implementedavh h �requiresmonitoring of the oystem at a minimum frequency of once every-three months to ensure prop_e {opeeation and maintenance. Menitoring ofthe system shalCbe conducted 6y a septic�system hauler.—who teas°a beengrantgd.p�rmitao_transportseptage_,ythe Salam Board of Health�This_opesation:ana maintenance-planshall-be-submtiied-and approuedby the Board of Health pr or to'issuance.of_a� Certificate,ofGompliance_fouthis.tight tank: • All notices and information required pursuant to this approval shall be sent to the Department at the following address: Wastewater Management Program Massactii setts I9epartment of Environmental:$rotectton -- 205afzlSt<e �� • e-owners mon y reports o e Sa em �az�o�T�eaTth c ncemmg op tt no and" ` "```" ""°"': mal`itth�itl3� 4�C�"171o�e to 01YSShBII be s>ibmtttea to the SaletnB_dard ofrHealth no=later3han the — ---1---fifteen-dayornpiittr�fo�lowingttie-month for which-thereport was prepared: 'Flt`ese-menttiiy-reports-•-�, - shall.be prepared bythe septic system haulerre5erenced above Afia minimum,these reports-shall.include the dates and quantities of septage pumped from the tight tank and the condition of the tank. At least every third report shall include the results of the operation and maintenance monitoring. Such monitoring shall include testing of the alarm system. These monthly reports shall in no way be construed as replacing the pumping records required by 310 CMR 15.000 or the below condition. j • John&Patricia Miller Page 3 January 26, 1999 • The owners shall submit to the Salem Board of Health copies of pumping records within 14 days of each pumping date. Please note that the conditions,outlined above,do not supersede any conditions imposed by the Salem Board of Health. The above conditions supplement any other conditions imposed by the Salem Board of Health. Should you have any questions regarding this matter,please contact Claire A. Golden, of my staff, at(978) 661-7743. Sincerely, �i:vuc> 6%/1� Madelyn Morris Deputy Regional Director Bureau of Resource Protection MM/CAG/cag \1999disk5\salem\titetmk\202850ap.doc cc: Ray LaMacchia,St.Joseph Credit Union,336 Lafayette Street,Salem,MA 01970 Joseph J.Senvatka,P.E.,Hancock Engineering Associates,235 Newbury Street Danvers.MA 01923 Joanne Scott,CHO.Agent,Board of Health,9 North Street,Salem,MA 01970 Dwain B.Smith Esq.,Smith&Smith,315 Liberty Square,Danvers,MA 01923 Sharon Pelosi,Esq.,DEP/OGCBoston .a�a•e.,.„_tr.:-,.fi sys..;usgssmx « �rcaa.. -az r.,�„em w.ac,.,�::_:.� Mailing date : September 1.3 , 1999 P1 � i .i ..i .�i _j .•I Mark Tolman, Sanitarian S`P 1999 Salem Health Dept CITY OF SALEM Nine North Street HEALTH DEPT. Salem, MA 01970 -I i i r r ,.,�; w. ,,'• k. ,. � : , � i _, • Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : September 13 , 1999 Re : Salem Health Dept Vs : Patricia Miller No : 99-PC-00848 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 0184,0 at 09 : 30 o' clock, Tuesday, September 28 , 1999 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Paul J. Burke Clerk Magistrate ELMS : SCH-SCAUSE REQUEST FOR CRIMINAL COMPLAINT To any Justice or Clerk Magistrate of the Northeast Housing Court : CITY OF SALEM BOARD OF HEALTH, 9 NORTH ST. SALEM, MA 01970 on behalf of the Commonwealth, on oath complains that : name and address of defendant statute violated PATRICIA MILLER 310 CMR 15.000 (TITLE V CODE) 8 WYMAN AVENUE SALEM, MA 01970 possible penalties ON JANUARY 26 1999 A LETTER WAS SENT ORDERING PROPERTY OWNER TO COMPLY WITH 310 CMR 15,000 BY SIIBMTTTTNf A DTSPOSFT WORKS PFRMTT FOR roNSTRTTTTwr- A T1T1LE V SEPTIC SYSTEM.BY AUGUST, 30, 1999. AS OF SEPTEMBER 33 1999 PROPERTY OWNER HAS NOT STIRMTTTETI WORK TITSPOSRT. PERMIT AS ORDERED. a and did so willfully, intentionally, recklessl or repeatedly. Y� Co 99 � SNn�lwv'n Date mplainant Assigned for hearing on 4 rJy 199f, at ?-'36 o' clock On hearing [Complainant] [Defendant] [both parties] [neither party] , I find no probable cause for the complaint . Process shall not issue. On hearing [Complainant] [Defendant] [both parties] [neither party] , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable Date Cleo Magistrate Mailing date : September 13 , 1999 P1 i I - •I ..j S D EP 1 4 1999 CITY OF SALEM " HEALTH DEPT. Mark Tolman, Sanitarian Salem Health Dept Nine North Street Salem, MA 01970 Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : September 13 , 1999 Re : Salem Health Dept Vs : John Miller No : 99-PC-00849 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street , Lawrence, MA 01840 at 09 : 30 o ' clock, Tuesday, September 28 , 1999 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you s� choose. Y Paul J. Burke Clerk Magistrate ECMS : SCH-SCAUSE REQUEST FOR CRIMINAL COMPLAINT To any Justice or Clerk Magistrate of the Northeast Housing Court : CITY OF SALEM BOARD OF HEALTH 9 NORTH ST SALEM MA 01,970 on behalf of the Commonwealth, on oath complains that : name and address of defendant statute violated JOHN MILLER 310 CMR 15.000 {TITLE V CODE} 8 WYMAN AVENUE SALEM MA 01970 possible penalties ON JANUARY 26 1999 A LETTER WAS SENT ORDERING PROPERTY OWNER TO COMPLY WITH 316 CMR 15,000 BY Sl,gMTTTTN(, A TTTSPnSFT WOgKS PFRMTT Fog cnNSTRTTf TTNC A TTTTTF V SEPTIC SYSTEM.BY AUGUST 30, 1999. AS OF SEPTEMBER 3' 1999 PROPERTY OWNER HAS NOT SUBMITTED RORK T)TSPO". T PERMIT AS. ORDERED. and did so willfully, intentionally, recklle^ss1ly or //repeatedly. Date Complainant qsh Assigned for hearing on 1994, at 9156 o ` clock On hearing [Complainant) [Defendant] [both parties] [neither party] , I find no probable cause for the complaint . Process shall not issue . On hearing [Complainant) [Defendant] [both parties] [neither party) , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable n Date Cre&k Magistrate r Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : September 13 , 1999 Re : Salem Health Dept Vs : Ronald Knuttila No: 99-PC-00850 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will 'hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 09 : 30 o' clock, Tuesday, September 28, 1999 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose . Paul J. Builfte Clerk Magistrate SEP 1 4 1999 CITY OF SALEM HEALTH DEPT. ECMS : SCH-SCAUSE « REQUEST FOR CRIMINAL COMPLAINT To any Justice or Clerk Magistrate of the Northeast Housing Court : CITY OF SALEM BOARD OF HEALTH, 9 NORTH ST. SALEM, MA 01970 on behalf of the Commonwealth, on oath complains that : name and address of defendant statute violated RONALD KNUTTILA 310 CMR 15.000 (TITLE V CODE), 8 WYMAN AVENUE SALEM MA 01970 possible penalties ON JANUARY 26, 1999 A LETTER WAS SENT ORHERING PROPERTY OWNER TO COMPLY WITH 310 CMR 15,000 BY SUB=ING A DISPOSET WORKS PERMIT FOR CONSTRUO.TINC A TITTLE-11 SEPTIC SYSTEM.BY AUGUST 30 1999. AS OF SEPTEMBER-33 1999 PROPERTY OWNER HAS NOT SUBMUTED WORK DISPOSFT PERMIT AS ORDERED and did so willfully, intentionally, recklees1 or repeatedly. Date Complainant Assigned for hearing on 9199 , at -J 0 o' clock On hearing [Complainant] (Defendant] [bath parties] [neither party] , I find no probable cause for the complaint . Process shall not issue . On hearing [Complainant] [Defendant] [both parties] [neither party] , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable Date Cle Magistrate Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square Direct Phone(978) 762-5473 Danvers,Massaehusetts 01923 Phone (978) 777-4220 Fax (978) 777-3225 Adam C. Smith Direst Phone(978) 762.5471 Of Counsel Frank J. Ingram Imp d;8' 44 Direot Phone(978) 762_5472 NOV 2 9 1999 November 24, 1999 OrrY"OF SALEM VIA FACSIMILE (740-9705) HEALTH DEPT. AND FIRST CLASS MAIL City of Salem Board of Health 9 North Street Salem, MA 01970-3928 ATT: JOANNE SCOTT, HEALTH AGENT RE: 8 WYMAN AVENUE, SALEM, MASSACHUSETTS 01970 Dear Joanne: I appreciate your consideration regarding continuing next Tuesday's Motions Hearing,as my father is currently hospitalized. In accordance with your instructions, I am following up with David Currier, regarding the contract you were looking for with specs in compliance with the Department of Environmental Protection letter. Thank you for your courtesy and efforts in this regard, and I will be in touch. Sincerely, ('&Imxv Adam C. Smith ACS/v Miller\LBoardHealth l 1-24-99 Smith & Smith Dwain B/SmiEli Counsellors aE Law Disc(P6o„c(978) 762_5473 315 LiberCy .Square Phcnc (978) 777.4220 Daa.crs, M...ch..cac 01923 F. (978) 777.3225 Adam C. Smith Dw,.:(Ph..,.(978) 762.5471 Frank J. Ingrain D6rcc PLunc(978) 762.5472 NOV 9 - 1999 HEA�HDE SALE David D. Currier, President Currier Septic &Drain Service, Inc. 107 Forest Street Middleton, MA. 01949 November 5, 1999 RE: 8 WYMAN AVENUE, SALEM MA Dear David: When we were in court the week before last,the judge granted a continuance to Mrs. Miller until the end of November. Obviously we hope that the installation of the tight tank at 8 Wyman Ave. will be in progress by that time. The board of Health and courts have been patient with us and we are anxious to have the construction begun prior to the November 30"date. Payment for your services will be immediate, the funds are waiting and available at the St. Josephs credit union. If you need anything else from me please advise and we will provide whatever it may be as quickly as possible. I'm sending a copy of this letter to the Board of Health and would appreciate your keeping them advised as to progress. Sincerely, Dwain B. Smith Esq. REQUEST- FOR CRIMINAL COMPLAINT To any Justice or Clerk Magistrate of the Northeast Housing Court : CITY OF SALEM BOARD OF HEALTH, 9 NORTH ST, SALEM, MA 01970 on behalf of the Commonwealth, on oath complains that : name and address of defendant statute violated JOHN MILLER 310 CMR 15.000 (TITLE V CODE) 8 WYMAN AVENUE SALEM, MA 01970 possible penalties ON JANUARY 26 1999 A LETTER WAS SENT ORDERING PROPERTY OWNER TO COMPLY WTTH 310 CMR 15.000 BY SDBMTTTTNC A DTSPOSFT WORKS PFRMTT FOR rONCTRLCTTNG A—TTTTLF V SEPTIC SYSTEM.BY AUGUST 30, 1999. AS OF SEPTEMBER 3 , 1999 PROPERTY OWNER HAS NOT STIRMTTTFD WORK DTSPOSFT. PERMIT AS ORDERED. and did so willfully, intentionally, recklessly or repeatedly. Date Complainant Assigned for hearing on y` (/ 199 9 , at 946 o ' clock On hearing [Complainant] (Defendant] [both parties] [neither party] , I find no probable cause for the complaint . Process shall not issue . On hearing [Complainant] [Defendant] [both parties] (neither party] , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable A Date Crefk Magistrate Z594 -5Zki, 891 US'Postal Service Receipt.for Certified Mail No Insurance Coverage Provided. - Do not use for International Mail See reverse Sen Street&Number Post Office,State,&ZIP Cade Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N � Return Receipt Showing to Whom&Date Delivered 8. Return Receipt Sho+mg to Whets, - Date,8 Addressees Address 0 TOTAL Postage&Fees is Pqstmark or Date o (s► a �'4MIN6DD CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 Fu:(978)740-9705 August 16, 1999 John Miller Patricia Miller Ronald Knuttila 8 Wyman Avenue Salem, MA 01970 Dear Mr. Miller, Ms. Miller, Mr. Knutilla: The Salem Engineering Department has informed me that the funds to continue the Highland Avenue sewer line to Wyman Avenue have not been received by the City. Therefore, it will not be possible for you to connect to the City's sewer system. Therefore, in accordance with 318 CMR 15.00; and following extensive hearings regarding this system; and because the existing system has been in failure for at least five years; you are ordered to install forthwith the "Tight Tank to Eliminate Failed On-Site System," as approved by the Massachusetts Department of Environmental Protection in its letter to you dated January 26, 1999. Your application for a "Disposal System Construction Permit," must be received in the Board of Health office by Monday, August 30, 1999. If you are aggrieved by this order you may appeal it to any court of competent jurisdiction pursuant to 310 CMR 15.421. However such an appeal shall not cause a delay in the above order. Sincerely you S, JoanneCott Health Agent cc: Dwain Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union Z 594 524,`890 US Postal Service Receipt-for Certified Mail No Insurance Coverage Provided. - Doo notusefor International Mail See reverse S 1>W 0.a.-v.. S' Street&Number Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N rn Return Receipt Showing to Whom&Date Delivered Return Receipt Showing to Whom, Date,&Addressee's Address C3TOTAL Postage&Fees $ M Postmark or Date E IL ,r a ���onmrr � s CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 August 16, 1999 John Miller Patricia Miller Ronald Knuttila 8 Wyman Avenue Salem, MA 01970 Dear Mr. Miller, Ms. Miller, Mr. Knutilla: The Salem Engineering Department has informed me that the funds to continue the Highland Avenue sewer line to Wyman Avenue have not been received by the City. Therefore, it will not be possible for you to connect to the City's sewer system. Therefore, in accordance with 318 CMR 15.00; and following extensive hearings regarding this system; and because the existing system has been in failure for at least five years; you are ordered to install forthwith the "Tight Tank to Eliminate Failed On-Site System," as approved by the Massachusetts Department of Environmental Protection in its letter to you dated January 26, 1999. Your application for a "Disposal System Construction Permit," must be received in the Board of Health office by Monday, August 30, 1999. If you are aggrieved by this order you may appeal it to any court of competent jurisdiction pursuant to 310 CMR 15.421. However such an appeal shall not cause a delay in the above order. Sincerely you S, Jco Joanne S tt Health Agent cc: Dwain Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union Z 594 524 889 Ub Postal Service ' Receipt for Certified Mail Nb Insurance Coverage Provided. Donotuse for International Mail See reverse Stre &Numher P ce,Sta e,BZIP e Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee m Return Receipt Showing to Whom&Date Delivered .n Retum Receipt Showing to Whom, Date,&Addressees Address 0 TOTAL Postage&Fees Is C'3 Postmark or Date E IL ' N -, �44llNB CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fu: (978)740-9705 August 16, 1999 John Miller Patricia Miller Ronald Knuttila 8 Wyman Avenue Salem, MA 01970 Dear Mr. Miller, Ms. Miller, Mr. Knutilla: The Salem Engineering Department has informed me that the funds to continue the Highland Avenue sewer line to Wyman Avenue have not been received by the City. Therefore, it will not be possible for you to connect to the City's sewer system. Therefore, in accordance with 318 CMR 15.00; and following extensive hearings regarding this system; and because the existing system has been in failure for at least five years; you are ordered to install forthwith the "Tight Tank to Eliminate Failed On-Site System," as approved by the Massachusetts Department of Environmental Protection in its letter to you dated January 26, 1999. Your application for a "Disposal System Construction Permit," must be received in the Board of Health office by Monday, August 30, 1999. If you are aggrieved by this order you may appeal it to any court of competent jurisdiction pursuant to 310 CMR 15.421. However such an appeal shall not cause a delay in the above order. Sincerely you s,, Joanne coS tt Health Agent cc: Dwain Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union `WiDIB CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)"741-1800 Fax:(978)740-9705 August 16, 1999 John Miller Patricia Miller Ronald Knuttila 8 Wyman Avenue Salem, MA 01970 Dear Mr. Miller, Ms. Miller, Mr. Knutilla: The Salem Engineering Department has informed me that the funds to continue the Highland Avenue sewer line to Wyman Avenue have not been received by the City. Therefore, it will not be possible for you to connect to the City's sewer system. Therefore, in accordance with 318 CMR 15.00; and following extensive hearings regarding this system; and because the existing system has been in failure for at least five years; you are ordered to install forthwith the "Tight Tank to Eliminate Failed On-Site System," as approved by the Massachusetts Department of Environmental Protection in its letter to you dated January 26, 1999. Your application for a "Disposal System Construction Permit," must be received in the Board of Health office by Monday, August 30, 1999. If you are aggrieved by this order you may appeal it to any court of competent jurisdiction pursuant to 310 CMR 15.421. However such an appeal shall not cause a delay in the above order. Sincerely u s, Jyou Joanne Cott Health Agent cc: Dwain Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union d SENDER: 1I also wish to receive the v .Complste items 1 and/or 2 for additional services. IasowServices receive an m .Complete items 3,4a,and 46. following ( m •Print your name and address on the reverse of this form so that we can return this extra fee): , card to you. 0 •Attach this farm to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address •perm lf e"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Deliver/ Cn � t. •The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. delivered. $ 0 3.Article Addressed to: 4a.Article Number d Z 594 524 890 m DWAIN SMITH E a SMITH & SMITH COUNSELLORS AT 4mervice Type E 315 LIBERTY STREET El Registered Ce tried rn DANVERS, MA 01923 ❑ Express Mail ❑ Insured c w ❑ Return Receipt for Merchandise ❑ COD G7.Date of D 've, w (8 WYMAN AVE. ,JS) GI 'o 5. a eived Byz(Prt Nam 8.Addressee's ddre s (Only if requested x and fee is paid) m r 6.Signature: (Addressee or Agent) a X PS Form 3811, December 1994 102595-98-8-0229 Domestic Return Receipt ' 1NITE0 STATES POSTAL$ERVI ,"E SSF — -- PLAt2QEMS— &-FPaid M 3 uSPs Permit"Nc.•G-I,& • O • Print you rfarpsodc ss, and ZIP Code in this box • YUPETWER", Health Department n, St. , Mass. 01970 AUG 1 8 1999 CITYALEM HEALTH DEPT. m SENDER: I also wish to receive the '9 •Complete items 1 and/or 2 for additional services. following S@NiCBS(for an .0 .Complete items 3,4a,and 4b. d .Pnnt your name and address on the reverse of this form so that we can return this extra fee): card to you. m W •Attach this torte to the front of the mailpiece,oron the back if space does not 1.❑ Addressee's Address .Wri est"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery N t .The Return Receipt will show to whom the article was delivered and the dale delivered. Consult postmaster for fee. $ 0 3.Anicle Addressed to: 4a.Article Number d Z 594 524 891 d PATRICIA WARREN, CEO E ST. JOSEPH'S CREDIT UNION 4b.Service Type o ❑ Registered Certified M n 3 HARBOR STREET El Express Mail Insured 0 SALEM, MA 01970 ❑ Return Receipt for Merchandise ❑ COD e 7.Date of Delivery (8 WYMAN AVE.—JS) 'o 5.Received By: (Print Name) 8.Addressee's Address (Only if requested x r and fee is paid) r 6.Sign re: ( dres a or en ~ 5 T " PS For 1,December 1994 102595-9e-13-0229 Domestic RetumReceipt 4-ESSP A y �. - --��irst�6la�sMail UNITED STATES POSTAL SERVICE k, F 3 - Postage&Fees Pald ' ca r L m USPS t 17 Permit No.G-70 •Print your name,address, and ZIP Code in this box • 4"' Salem Health Department AUS 8 1999 9 North St. CITY OF SALEM Salem, Mass. 01970 HEALTH DEPT. D First-Class Mail UNITED STATES POSTAL SERVICE .,-ESS,. ----�� ostp ge$&_Fees-Paid Pw n -Permit No`.'G=10- 0 • Print youre9ars, and ZIP Code-in'tfifs box • ��G 1 9 1y99 Salem Health Department 9 North St. Salem, Mass, 01970 CITY OF SALEM HEALTH DEPT. rl�rli I ai SENDER: =.s, I also wish to receive the p .Complete items 1and/or 2for additional services. following services(for an H .Complete items 3,4a,and 4b. N .Print your name and address on the reverse of this form so that we can return this extra fee),. card to you. u W e Attach this form to the front of the mailpiece,or on the back if space does not 1.El Addressee's Address Wst it . ri e"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery N Y .The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. o. 0 3.Article Addressed to: 4a.Article Number v d JOHN MILLER Z 594 524 889 a PATRICIA MILLER 41b.Service Type E RONALD KNUTTILA ❑ Registeredertified on 8 WYMAN AVENUE . . El Express Mail '❑\Insured SALEM, MA 01970 ❑ Return Receipt for Merchandise ❑ COD o 7.Date of Deli ve 0 °a (SAME—JS) o' cc cc 5.Received By: (Print Name) 8.Addressee's Address(Only if requested Y and fee is paid) w r 6.Si e: ddre a orA ent) k- i For 811, cember 1994 102595-9e-a-0229 Domestic Return Receipt . „ COMMONWEALTH OF MASSACHUSETTS 6a9 ..I EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS "I DEPARTMENT OF ENVIRONMENTAL PROTECTION 'a t ' Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT - DAVID B.STRUHS Lieutenant Governor Commissioner .JAI 2 9 1r7) January 26, 1999 CITY OF SALEM HEA(.T!a nFP John and Patricia Miller 8 Wyman Avenue Salem, MA 01970 RE: APPROVAL OF TIGHT TANK TO ELIMINATE FAILED ON-SITE SYSTEM(BRPWP64a) 8 Wyman Avenue,Salem (18 -North Coastal) DEP Transmittal No.202850 Dear Mr. and Mrs..Miller: The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection has received and cornpleted its review of the above referenced application for approval of a tight tank pursuant to Title 5 of the State Environmental Code. 310 CMR 15.260 to serve a two-bedroom dwelling at 8 Wyman Avenue, Salem. Accompanying the application were plans consisting of 1 sheet titled as follows: Title: Sewage Disposal System, Site Plan and Profile Location: 8 Wyman Avenue Municipality: Salem Applicants: John and Patricia Miller Designer: Joseph J. Serwatka,P.E. (Civil)No. 36981 Date(Last Revision): March 6, 1997 (Plan has been revised in pen,however the date of revision is not noted.) Based on its review of the application and accompanying plans, the Department recognizes that the existing subsurface disposal system has failed, a sewer connection is not feasible, and there is no other feasible alternative to upgrade the system in accordance with 310 CMR 15.000. The Department finds that the application and the plans are in compliance with 310 CMR 15.000 and, accordingly, hereby approves your request pursuant to 310 CMR 15.260, Tight Tank,subject to the following provisions. Failure to comply with these provisions may result in revocation of this approval. • Prior to installation of the 2,000 gallon tight tank,the owners shall obtain a Disposal System Construction Permit from the Salem Board of Health. This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. 205a Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 • TDD# (978) 661-7679 is J Printed on Recycled Paper S )4 John&Patricia Miller Page 2 January 26, 1999 �c x �i • This approval is limited to the existing use and any change of use will require a new approval. The tight tank shall not be used for new construction or for any increase in flow. The facility's design flow is 220 gallons per day. �• The dwelling is limited to two bedrooms. The owners shall grant to the Salem Board of Health a deed restriction to this effect in accordance with 310 CMR 15.002. • The owners shall allow representatives of the Department and the Salem Board of Health access to inspect the facility during construction in order to assess compliance with the final plans as approved by the Department. It is the applicants'?responsibility to ensure that the approved plans are available at the site during construction. • No tight tank shall be utilized until the owners have submitted to the Department and the Board of Health written certification by a Massachusetts Registered Professional Engineer or Registered Sanitarian that the tight tank has been constructed and installed in accordance with the approved plans. • A copy of the as-built plan shall be forwarded to the Department within thirty days of issuance of the Certificate of Compliance. • The own is shall provide the Salem Board of Health with a copy of an executed two year service contract with a septage hauler licensed to operate in that community, which identifies the disposal location(s) of the tight tank contents. Failure of the oucner to properly maintain the tight tank and keep it from overflowing shall constitute grounds for revocation of this approval. F—" When a sewer becomes available, the owners­­shallct the facility served by the tight tank to the sewer within thirty (30)days and shall abandon the tight tank in accordance with 310 CMR 15354. • Prior to use of the tight tank the owners shall record in the chain of title to the property a copy of this approval and shall submit to the Department the book and page number and the date of such recording. • An operation and maintenance plan, acceptable to the Salem Board of Health, shall be implemented which requires monitoring of the system at a minimum frequency of once every three months to ensure proper operation and maintenance. Monitoring of the system shall be conducted by a septic system hauler who has a been granted permit to transport septage by the Salem Board of Health. This operation and maintenance plan shall be submitted and approved by the Board of Health prior to issuance of a �{ Certificate of Compliance for this tight tank, 4 All notices and information required pursuant to this approval shall be sent to the Department at the following address: 4 Wastewater Management Program f Massachusetts Department of Environmental Protection 205a Lowell Street Wilmington, MA 01887 • The owners shall submit monthly reports to the Salem Board of Health concerning operation and maintenance of the tank. These reports shall be submitted to the Salem Board of Health no later than the } fifteen day of the month following the month for which the report was prepared. These monthly reports 'i shall be prepared by the septic system hauler referenced above. At a minimum, these reports shall include the dates and quantities of septage pumped from the tight tank and the condition of the tank. At least R every third report shall include the results of the operation and maintenance monitoring. Such monitoring shall include testing of the alarm system. These monthly reports shall in no way be constnjed as replacing the pumping records required by 310 CMR 15.000 or the below condition. aiw 11`M1k P� > �i�nkt'W ..- P q c eg;S/6 zwnN'„R'Qgb4w� John&Patricia Miller January 26, 1999 fi o m • The owners shall submit to the Salem Board of Health copies of pumping records within 14 days.of each. ; u , ', pumping date. U dd Please note that the conditions,outlined above,do not supersede any conditions unposed by the Salem Board of Health. The above conditions supplement any other conditions imposed by the Salem Board of Health. Should you have any questions regarding this matter,please contact Claire A. Golden,of my staff,at(978) t"" 661-7743. Sincerely, 1 Madelyn Morris Deputy Regional Director Bureau of Resource Protection MM/CAG/cag \1999disk5\salem\titetank\202850ap.doc cc: Ray LaMacchia.St.Joseph Credit Union,336 Lafayette Street,Salem,MA 01970 Joseph J.Serwatka.P.E.,Hancock Ensineering Associates,235 Newbury Street.Danvers.MA 01923 Joanne Scott,CHO.Agent,Board of Health,9 North Street,Salem,MA 01970 Dwain B.Smith Esq.,Smith&Smith.315 Liberty Square,Danvers,MA 01923 Sharon Pelosi,Esq..DEP/OGCBoston r COMMONWEALTH OF MASSACHUSETTS . - EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office M ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT DAVID B.STRUI-IS Lieutenant Governor Commissioner JAN 1 9 I7yi January 26, 1999 CITY OF SALEM HFAi_T!a nPPT, John and Patricia Miller 8 Wyman Avenue Salem, MA 01970 RE: APPROVAL OF TIGHT TANK TO ELIMINATE FAILED ON-SITE SYSTEM(BRPWP64a) 8 Wyman Avenue,Salem (I8 -North Coastal) DEP Transmittal No.202850 Dear Mr. and Mrs..Miller: The Metropolitan Boston-Northeast Regional Office of the Department of Environmental.Protection has received and coiapleted its review of the above referenced application for approval of a tight tank pursuant to Title 5 of the State Environmental Code,310 CMR 15.260 to serve a two-bedroom dwelling at 8 Wyman Avenue, Salem. X� y Accompanying the application were plans consisting of 1 sheet titled as follows: o-e �v \ Title: Sewage Disposal System, Site Plan and Profile Q (�� Location: 8 Wyman Avenue Municipality: Salem X\ Applicants: John and Patricia Miller Designer: Joseph J.Serwatka,P.E.(Civil)No. 36981 Date(Last Revision)° March 6, 1997(Plan has been revised in pen,however the date of revision is not noted.) Based on its review of the application and accompanying plans, the Department recognizes that the existing subsurface disposal system has failed,a sewer connection is not feasible,and there is no other feasible alternative to upgrade the system in accordance with 310 CMR 15.000. The Department finds that the application and the plans are in compliance with 310 CMR 15.000 and, accordingly,hereby a rovesyour request pursuant to 3 10CMR 15.260,Tight Tank,subjecutl the following provisions .In uretoton;pTy with'these Drovislons may fesult in revocatiowof this approval: _ s _. -xrz�+.F> .. = _ ..'.`e.s"�,----7i�'_` .. ' � -.:y �.✓s.:w i^—'vcy�ys`�'=r, -- ------------ This informationis available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 • TDD#(978) 661-7679 Printed on Recycled Paper Y John& Patricia Miller Page 2 January 26, 1999 • This approval is limited to the existing use and any change of use will require a new approval. The tigir tank shall not be used for new construction or for any increase in flow. The facility's design flow is 224 gallons per day. • The dwelling is limited to two bedrooms. The owners shall grant to the Salem Board of Health a deed restriction to this effect in accordance with 3.10 CMR 15.002. • The owners shall allow representatives of the Department and the Salem Board of Health access to insp.,— the facility during construction in order to assess compliance with the final plans as approved by the Department. It is the applicants' responsibility to ensure that the approved plans are available at the sii during construction. • No tight tank shall be utilized until the owners have submitted to the Department and the Board of Htanr written certification by a Massachusetts Registered Professional Engineer or Registered Sanitarian that.,ae, tight tank has been constructed and installed in accordance with the approved plans. • A copy of the as-built plan shall be forwarded to the Department within thirty days of issuance of the Certificate of Compliance. • The-owners-shall-provide-the Salem Board of Health with_a copy`ofan executed two year service com af? , With a septage hauler licensed to operate in that community,which identifies the disposal ocation(s)v`i the tighftank'codtent`s'Failure of the owner to properly maintain.the light tank and keep it from, overflowing`$hall consYitute;groundsfoc revocation of this approvals • When a sewer becomes available,the owners shall connect the facility served by the tight tank to the sewer within thirty(30)days and shall abandon the tight tank in accordance with 310 CMR 15.354. • Prior to use of the tight tank the owners shall record in the chain of title to the property a copy of this approval and shall submit to the Department the book and page number and the date of such recordit: • An operation and maintenance plan,acceptable tc the:Salem Board of Health,"shall be implemented-w$ka• •� •requires monitoring of,the system at a minimum frequency of once every three months to ensure prop operation and"maintenance. Monitoring of the system:shall be conducted by aseptic system•hauler�wiry has,a.been grahted-permit to transport septage by the Salem Board of Healtli7 his operation_arf& maintenance plan'shalh_be-submitted-and approved by the Board of Health prior to issuance ofa- Certificate of Compliance for.thi$tight tank. • All notices and information required pursuant to this approval shall be sent to the Department at the following address: Wastewater Management Program musichuseYtsbepartment of Environmental Protection - - - l 3f35a r�uwi{��eet _ � - - em�o�rd'ofS3eal _...: -. a fhe, _- o o ng,aer _ emanon or llteh tereportw3fij31 egeYrron. ly.. mntads se- _ — stent-i+au-[eiaef�"erenced-above. Ata-imum�tese�eports-sh �------- -- the dates and quantities of septage pumped from the tight tank and the condition of the tank.At least - every third report shall include the results of the operation and maintenance monitoring. Such monso5hr shall include testing of the alarm system. These monthly reports shall in no way be construed as repb:ali the pumping records required by 310 CMR 15.000 or the below condition. John&Patricia Miller Page 3 January 26, 1999 • The owners shall submit to the Salem Board of Health copies of pumping records within 14 days of each pumping date. Please note that the conditions,outlined above,do not supersede any conditions imposed by the Salem Board of Health. The above conditions supplement any other conditions imposed by the Salem Board of Health. Should you have any questions regarding this matter,please contact Claire A.Golden,of my staff,at(978) 661-7743. Sincerely, Madelyn Morris Deputy Regional Director Bureau of Resource Protection MM/CAG/cag \1999d isk5\salem\titetank\202850ap.doc - cc: Ray LaMacchia,St.Joseph Credit Union,336 Lafayette Street,Salem,MA 01970 Joseph J.Serwatka.P.E.,Hancock Engineering Associates,235 Newbury Street,Danvers,MA 01923 Joanne Scott,CHO.Agent,Board of Health,9 North Street,Salem,MA 01970 Dwain B.Smith Esq.,Smith&Smith,315 Liberty Square,Danvers,MA 01923 Sharon Pelosi,Esq..DEPIOGCBoston t COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff - V. - No . Defendant AGREEMENT TO CONTINUE The undersigned parties hereby agree to continue the above case to 199 , at o ' clock. Signed and dated by Plaintiff Signed and dated by Defendant Plaintiff ' s Attorney Defendant ' s Attorney Housing Specialist Date COPIES (GIVEN) (MAILED) TO PARTIES ON V COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff - v. - No . Defendant MOTION WITH HEARING AT SALEM SESSION The undersigned hereby moves this Court [_] to continue this case until [_] to amend [_] to dismiss this case [_] to remove default or dismissal and for relief from judgment and set the case for trial on [_] to stay execution until [_] to issue execution [ ] other for the following reasons : This motion will be heard by the Northeast Housing Court at Courtroom 3 , District Courthouse, 65 Washington Street, Salem, at 9 : 00 o' clock a.m. Tuesday, , 199 I (gave) (mailed) a copy of this motion on to Signature and date Name Address Telephone Mailing date : October 04 , 1999 Pi OCT 6 - 1999 CITY OF SALEM HEALTH DEPT. Salem Health Dept 9 North Street Salem, MA 01970 COMMONWEALTH OF MASSACHUSETTS Oi 5 _ 1999 NORTHEAST HOUSING COURT CITY OF SALEM HEALTH DEPT, SALEM HEALTH DEPT Plaintiff V. - No . 99-CR-00222 PATRICIA MILLER Defendant CRIMINAL SUMMONS You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Northeast Housing Court which will hold a session for the transaction of criminal business at Courtroom 3 of the Salem District Court, at 65 Washington Street, Salem, MA 01970' at 09 : 00 o ' clock, Tuesday, October 19, 1999 . all to answer to a Complaint made on oath this day before this Court, a copy of which accompanies this Summons . Please be advised that a Default Warrant will issue for your arrest if you fail to appear in Court at the time and place above mentioned. WITNESS, David D. Kerman, Judge of the Northeast Housing Court, on September 28, 1999 . /Q L `^`^ .O Paul J. Burke Clerk 'Magistrate NOTIFICACION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES, TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES . NOTICE TO OFFICER SERVING SUMMONS To any Officer who is authorized to serve criminal process in the Commonwealth, and to the Court Officers of this Court, Greeting: We command you in the name of the Commonwealth of Massachusetts, forthwith to serve this Summons and accompanying Complaint, in hand to the person listed herein at the address listed above, or by leaving an attested copy hereof at the Defendant ' s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, in any case at least twenty-four hours prior to the return hour specified in this Summons . MRCrP Rule 6 (c) (3) . Please make your return of service pursuant to the reverse of this Summons . ECMS : SUMMONS-CR Mailing date : October 04, 1999 P1 YD OWED SOT 6 _ 1999 CITY HEALTH DEP M Mark Tolman, Sanitarian Salem Health Dept Nine North Street Salem, MA 01970 COMMONWEALTH OF MASSACHUSETTS YNCEVED NORTHEAST HOUSING COURT OCT 6 - 1999 CITY OF SALEM SALEM HEALTH DEPT HEALTH DEPT. Plaintiff - v. - No. 99-CR-00223 RONALD KNUTTILA Defendant CRIMINAL SUMMONS You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Northeast Housing Court which will hold a session for the transaction of criminal business at Courtroom 3 of the Salem District Court, at 65 Washington Street, Salem, MA 01970 at 09 : 00 o ' clock, Tuesday, October 19, 1999 . all to answer to a Complaint made on oath this day before this Court, a copy of which accompanies this Summons . Please be advised that a Default Warrant will issue for your arrest if you fail to appear in Court at the time and place above mentioned. WITNESS, David D. Kerman, Judge of the Northeast Housing Court, on September 28, 1999 . Q Pa J. Burke Clerk Magistrate NOTIFICACION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES, TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES . NOTICE TO OFFICER SERVING SUMMONS To any Officer who is authorized to serve criminal process in Court Officers of this Court Greeting: the Commonwealth, and to the Co :g We command you in the name of the Commonwealth of Massachusetts, forthwith to serve this Summons and accompanying Complaint, in hand to the person listed herein at the address listed above, or by leaving an attested copy hereof at the Defendant ' s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, in any case at least twenty-four hours prior to the return hour specified in this Summons . MRCrP Rule 6 (c) (3) . Please make your return of service pursuant to the reverse of this Summons . ECMS : SUMMONS-CR Mailing date : October 18, 1999 P1 Mark Tolman, Sanitarian Salem Health Dept Nine North Street Salem, MA 01970 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT SALEM HEALTH DEPT Plaintiff - v. - No. 99-CR-00241 JOHN MILLER Defendant CRIMINAL SUMMONS You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Northeast Housing Court which will hold a session for the transaction of criminal business at Courtroom 3 of the Salem District Court, at 65 Washington Street, Salem, MA 01970 at 09 : 00 o' clock, Tuesday, October 19, 1999 . all to answer to a Complaint made on oath this day before this Court, a copy of which accompanies this Summons . Please be advised that a Default Warrant will issue for your arrest if you fail to appear in Court at the time and place above mentioned. WITNESS, David D. Kerman, Judge of the Northeast Housing Court, on October 18 , 1999 . . V Paul J. Burke Clerk Magistrate NOTIFICACION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES, TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES . NOTICE TO OFFICER SERVING SUMMONS To any Officer who is authorized to serve criminal process in the Commonwealth, and to the Court Officers of this Court, Greeting: We command you in the name of the Commonwealth of Massachusetts, forthwith to serve this Summons and accompanying Complaint, in hand to the person listed herein at the address listed above, or by leaving an attested copy hereof at the Defendant ' s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, in any case at least twenty-four hours prior to the return hour specified in this Summons . MRCrP Rule 6 (c) (3) . Please make your return of service pursuant to the reverse of this Summons . ECMS : SUMMONS-CR �5i?_M: "";'Rq Fme`41Cvf:^'�'A�`• v—.:--.- .P..�...-.. ......,,.e,.,..,.�.����. l rgny� q„ .,_ MEMORANDUM Date: 04/04/97 To: Board of Health Members From: Joanne Scott RE: 8 Wyman Avenue I would like to review facts.with.the Board regarding a failed septic system at 8 Wyman Avenue and to give an"update on the situation. • 5-25-94 A dye test was conducted resulting in an order to correct violations of Title V. 6-14-94 Board instructed me to take any necessary legal action to remedy sewage problem, • 6-23-94 Applied for court hearing; several hearings took place. 10-11-94 Board voted that if the problem was not remedied, or in the process of being remedied, the Board would condemn the property in February. 11-10-94 Case continued because of promise by owners attorney that a plan would be submitted by the end of the week. • 2=13-95 Mortgage company approved allocation of$30,000.00 to pay for plan and septic system." 6-23=95 Land where present-and ,proposed septic systems located does not belong to owner of house but to City. • 1,996 Discussions with contractor regarding tying into Salem or Lynn sewer lines, including neighborhoodmeetings. 3-14-97 •Submittal of plan.:by.Hancock Engineering • 3-28-97 Review of plans with Martin Fair 04/04/97 MEMORANDUM 4-3-97 Review of plans with Martin Fair, the engineer, Atty.Dwain Smith, and Pat Warren of the Mortgage Company. The plans as given present some concerns regarding the systems ability to prevent breakout of sewerage. At the 4-3-97 meeting Dwain Smith said he would review the feasibility of tying.into Lynn lines. If that is possible, he will determine the timeline regarding hearings,in Lynn etc.needed to complete the project. If tying into Lynn is not possible, the engineer will rework the septic system plans to increase the possibility of success with the new system. Because the engineer will be seeking variances for this system, a public hearing, and notification of abutters, is required. The Board may want to consider a special meeting during the last week of April for that. This has been a long and delayed process.. All along I believed a solution was imminent for this problem and did not condemn the property. In retrospect, I think I should not have been so optimistic. MEMORANDUM Date: 06/05/97 To: Board of Health Members From: Joanne Scott RE: Update to 04/04/97 memo re: 8 Wyman Avenue • 4-15-97 Lynn Sewer Commission indefinitely tabled consideration of tie- in to Lynn municipal sewerage. • 4-16-97 Order sent to owners to submit revised plans • 4-29-97 Revised plans submitted. • 5-13-97 Discussion of timetable for public hearing during BOH meeting. • 5-20-97. Discussion with Patricia Miller regarding public hearing and notification of abutters. Decision to delay hearing from 6-3-97 to 6-10-97. • 5-21-97 Discussion with Atty. Smith regarding notification and requesting he contact the Conservation Commission to be placed on their agenda. Fax to him detailing requirements of notification. • 5-29-97 Call from Atty. Smith's office saying Mr. Smith had been tied up in court and unable to send notice of public hearing to abutters. • 5-30-97 Discussion with Mr. Smith regarding hearing at BOH meeting to condemn property. • 6-4-97 Posting on property of notice of BOH hearing to condemn property. Simultaneous mailing to property owner, attorney, mortgage company of hearing notice. r MEMORANDUM Date: 06/05/97 To: Board of Health Members From: Joanne Scott RE: Update to 04/04/97 memo re: 8 Wyman Avenue • 4-15-97 Lynn Sewer Commission indefinitely tabled consideration of tie- in to Lynn municipal sewerage. • 4-16-97 Order sent to owners to submit revised plans • 4-29-97 Revised plans submitted. • 5-13-97 Discussion of timetable for public hearing during BOH meeting. • 5-20-97 Discussion with Patricia Miller regarding public hearing and notification of abutters. Decision to delay hearing from 6-3-97 to 6-10-97. • 5-21-97 Discussion with Atty. Smith regarding notification and requesting he contact the Conservation Commission to be placed on their agenda. Fax to him detailing requirements of notification. • 5-29-97 Call from Atty. Smith's office saying Mr. Smith had been tied up in court and unable to send notice of public hearing to abutters. • 5-30-97 Discussion with Mr. Smith regarding hearing at BOH meeting to condemn property. • 6-4-97 Posting on property of notice of BOH hearing to condemn property. Simultaneous mailing to property owner, attorney, mortgage company of hearing notice. 1 D71 y 6 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 May 8, 1998 HAND DELIVERED BY CONSTABLE 5/11/98 Plateal c... foci Patricia A. Miller (Knuttila) Ronald Knuttila John J. Miller 8 Wyman Avenue Salem, MA 01970 Dear Sirs & Madam: The Massachusetts Department of Environmental Protection (DEP) is in the process of reviewing your plans to install an alternative septic system at your property at 8 Wyman Avenue. The existing septic system has failed and sewage is coming to the surface above the leaching field. This constitutes a serious public health and environmental nuisance. Therefore, in accordance with the State Environmental Code Title V: "Minimum Requirements for the Subsurface Disposal of Sanitary Sewage", during the DEP review and continuing until a permanent solution has been determined, you are ordered to pump the septic tank at 8 Wyman Avenue as often as necessary to keep sewage from breaking through to the surface. Failure to comply with this order may result in court action and daily fines. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem,Massachusetts 01970 You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders , and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Sincerely yours, Joanne Scoitt Health Agent cc: Dwain B.Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union e } f� i IS From:Smith&Smith,Cousellors at Law Fax:�978)7773228Voice:P18)7774220 Page 1of2Thursday,Mzy20,19993:W:43PM S rniu -h & Smith Counsellors at Law Dwain B. Smith 315 Liberty, Square Di...et Phone(978) 762-5473 1)4nv«re, M4,66"6 "44 01923 Phone (978) 777.4220 Foe (978) 777-3225 Adam C. Smith D+reM Phone(9781 762_5471 Of Cotinsal Y'ran>< J. Ingram � L1 JJJI\��►''�lllddd///' Ml t Phone(978) 762-6472 MAY 2 0 1999 FAX COVER PACE CITY OF SALEM HEALTH DEPT. TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978) 740-9705 FROM: Dwain B, Smith, Esq. DATE: May 20, 1999 RF.; 8 Wyman Avenue Salem, MA NUMBER OF PAGES (including cover): 2 MESSAGE; Doar Ms. Scott: Please see attached. If you have any questions, please feel free to call. Yours very truly, 10ucr 0'44/' Dwain B, Smith, F,sq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY' PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL IF YOU ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFI ED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANY OTHER DISSEMINATION IS STRICTLY PROHIBITED,INTHF•L:V F.NTYOU RECEI$,'E'I'HIS'rRANSMISSION IN ERROR,OR IN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH&SMITH IMMEDIATF.L.Y AT(978)777.4220. THANK YOV. From:Smith&Smith,Cousellors at Law Fax:(918)M> 225 Voice:(978)7774220 PagO of 2 Thursday,May 20,1999 3:09:46 I'M r 1 r 107 Middleton, AA 01949 (508) 774-2772ptQ MAY 2 0 1999 CITY OF SALEM cop HEALTH DEPT. MAY 17, 1999 ATTY. DWAIN B. SMITH 315 LIBERTY SQUARE DANVERS, MA 01923 RE: 8 WYMAN AVENUE, SALEM, MA DEAR DWAIN: WE WILL PUMP MRS. PATRICIA MILLER'S SEPTIC SYSTEM LOCATED AT 8 WYMAN AVENUE, SALEM, MASSACHUSETTS, AS WE HAVE 1N THE PAST. THE COST FOR THE PUMPING WILL BE $160.00 FOR THE FIRST 1500 GALLONS AND .10 CENTS PER GALLON'S THERE AFTER. WE WILL PUMP THE TANK EACH AND EVF.RY.A'MONTH BEGINNING EARLY JUNE 1999. IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE FEEL FREE TO CALL. ME AT 978-774-2772. SINCERELY, DAVID D. CURRIER, PRESIDENT ter- 1�'A5 9 THE PROFESSIONAL EXPERTS IN THE SEPTIC AND BRAIN INDUSTRY _ 2 �To Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square Dui oet Phone(978) 762_5473 Manvers, Massachusetts 01923 - Phone (978) 777-4220 Fax (978) 777_3225 Adam C. Smith 1t i.t Phono(978) 762_5471 Of Counsel ]Frank J. Ingram ���999')per►' Direot Phone(978) 762_5472 APR 16 1999 April 14, 1999 C!TY OF SALEM HEALTH DEPT. City of Salem Board of Health 9 North Street Salem, MA 01970-3928 ATT: JOANNE SCOTT, HEALTH AGENT RE: 8 WYMAN AVENUE, SALEM, MASSACHUSETTS 01970 Gentlemen: As I am sure you are aware, we do have permission to install a tight tank in the Wyman Avenue property. I have spent time working with the Mayor, and he has advised me that the city will install sewer out Highland to Wyman Avenue this construction season, and authorized me to advise you of that information. Ms. Miller, as I am sure you are aware, has very limited funds, but we do have adequate money at the bank to hook her into the new sewer line. This money was essentially earmarked for the tight tank. I am very hopeful that the Board will allow us to dispense with the tight tank installation, and we can put these funds to work directly to the new sewer. to protect against probiems In the nicarimix, we piopost to pump Tvis. Miiier's septic system monthly,until she is able to hook into the sewer. I am enclosing a receipt showing that the system has been pumped as of April 15, 1999, and he hopes that this temporary solution will be acceptable to the Board. Thank you for considering my request. Sincerely Q Dwain B. Smith, Esq. DBS/v M i Il er\LBoard Heal th4-14-99 SEPTIC & DRAIN C�r SERVICE, INC. 1 031 • THE.PROFESSIONAL EXPERTS IN THE SEPTIC & DRAIN INDUSTRY• -PLEASE PAY FROM THIS BILL- CustomerName: h VL/#1 4 - MAIN 107 FOREST STREET Service Location: ?. CV- U„ vL _'�71 e . OFFICE } MIDDLETON, MA 01949 Phone: 7�/(J _ 9. �/ - (978) 774-2772 • FAX (978) 750-0206 Contact: • RESIDENTIAUCOMMERCIAL �-SERVICING THE ENTIRE NORTH SHORE Billing Address: 9`:CERTIFIED TITLE V INSPECTORS City: zip: .,SAME DAY EMERGENCY SERVICE 5 Date of Service: - - y N tura of Service Special Instructions 0 Completed )7Reg.Maint .'0 incomplete/Reason: 0 Emergency Per: OSchedule: Reg. JDay0 Night A41PM5 0 N/C Services Rendered Vacuum Pumping Observations Drain Cleaning 0 Septic Tank Good Condition 0 Main Line 0 Drywall �Leachfield Runback 0 Toilet Bowl 0 Leach Pit/Overflow U Riding High 0 Kitchen Sink U D-Box (liquid level) 0 Bathtub/Shower i U Pump Chamber U Full to Cover 0 Vanity I 0 Grease Trap 0 Excessive Solids 0 Floor Drain L! Catch Basin Top/Bottom 0 Yard Drain 0 Portable Toilet 0 Use No Powdered Soap U Vent h Other r ( 0 Heavy Grease 0 Water Jetting Qty. i - ❑ Roots 0 Other Size: 0 Suggest Electric Rootering U Footage: ❑ Under 1000 gallons U 1000 gallons p,,/1500 gallons 0 Van Called 2000 gallons 0 3000 gallons 0 40D0 gallons ❑ Other 0 5000 gallons U 6000 gallons 0 other Miscellaneous U Digging Charge 0 Backhoe 0 Inspection 0 Location ""` 0 Kubota "' 0 Title V Inspection ❑ Service Call 0 Consultation Reason: 0 Labor U Estimate 0 Pump Repair 0 Waitino Time U System Installation 0 Repair 0 Portable Toilet Rental U System Treatment 0 Baffle U Rejuvenation 'Digging Charge Is Per Driver's Discretion Description of Work 1) � (7,.,: I ( ,-c; ''I P �I. .1, I , i Recommendations y;P ,., l� Terms of Payment:I C.O.D. PARTS Vacuum Pumping Drain Cleaning Payment Required Upon Service TAX Yr. Month Yr. ! ''D;Month OISCOUN Terms & Conditions Cash - eck []Credit TOTAL '•L' 3. 1.5%per month will be charged to accounts past due. 1.Not responsible for damage bey,/d the curb line. s�r� 2.All complaints shall be reported within 48 hours. 4.The purchaser agrees to pay all cost of collection I the undersigned agree to alls6rtns and conditions. q Serviceman Customer Signature i APR 16 lyyy COX{aP EM HEALTH DEPT. I �I I I i v� coxorr It I CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 facsimile Fax: (978)740-9705 TRANSMITTAL to: AI 111sellt fax #: 7,1V- c13-? '2 re: l,u ym U�7 Ade . date: 4,a/ - 9 9 page(s): including this cover —T ) a, K you Al. k Smith & Smith Counsellors of Law Dwain B. Smith 315 Liberty Square Direct Phone(978) 762_5473 Danvers, hlassachusccis 01923 Phone (978) 777-4220 Fax (978) 777-3225 Adam C. Smith Direet Phoae(978) 762-5471 Of Counsel frank J. Ingram Direet Phaoe(978) 762-5472 APR 16 1999 April 14, 1999 Cl;y OF SALEM HEALTH DEPT. City of Salem Board of Health 9 North Street Salem, MA 01970-3928 ATT: JOANNE SCOTT, HEALTH AGENT RE: 8 WYMAN AVENUE, SALEM, MASSACHUSETTS 01970 Gentlemen: As I am sure you are aware, we do have permission to install a tight tank in the Wyman Avenue property. I have spent time working with the Mayor, and he has advised me that the city will install sewer out Highland to Wyman Avenue this construction season, and authorized me to advise you of that information. Ms. Miller, as I am sure you are aware, has very limited funds, but we do have adequate money at the bank to hook her into the new sewer line. This money was essentially earmarked for the tight tank. I am very hopeful that the Board will allow us to dispense with the tight tank installation, and we can put these funds to work directly to the new sewer. To protect against problems in the rneandrne, we propose to pump Ms. Millers septic system monthly,until she is able to hook into the sewer. I am enclosing a receipt showing that the system has been pumped as of April 15, 1999, and he hopes that this temporary solution will be acceptable to the Board. Thank you for considering my request. Sincerely,. Dwain B. Smith, Esq. DBS/v Miller\LBoard Health4-14-99 From:Smith&Smith,Cousellors at Law Fax 1978 7773226 Voice:197817774220 at:SALEM BOARD OF HEALTH To:JOANNE SCOTT,HEALTH AGENT Page 1 of Thursday,April 15,1999 9:33:26 AM s APR 1 5 1999 Fax Transmission CITY OFSALITM HEALTH DEPT. Date: Thursday, April 15, 1999 Time: 9:32:00 AM 3 Pages TO: JOANNE SCOTT, HEALTH AGENT SALEM BOARD OF HEALTH phone: fax: 740-9705 From: Smith & Smith, Cousellors at Law phone: (978) 777-4220 fax: (978) 777-3225 Re: From:Smith&Smith,Cousellors at Law Fax:191811113225 Voice:(918)7774220 at:SALEM BOARD OF HEALTH To:JOANNE SCOTT,HEALTH AGENT Page 2 ot3 Thursday,April 15,1999 9:34:51 AM Dwain B. Smith CounAollors at Law I)ins,t Phonn(978)[ 762-5473 315 Lilinrty Sgaary Phono (978) 777-4220 Danvers, Mneenchuavu,01923 FR: (978) 777-3225 Allam C. Smidt Dim,( Ph.�„(978) 762.5471 Of Counwl Frank J. Ingram RFERVEDOiro.it Phuno 1978) 762.6472 April 14, 1999 APR 15 1999 City of Salem Board of Health CITY OF SALEM 9 North Street HEALTH DEPT. Salem, MA 01970-3928 ATT: JOANNE SCOTT, HEALTH AGENT RE: 8 WYMAN AYENUF, SALEM, MASSACHUSF,TTS 0100 Gentlemen: As T am sure you are aware, we do have permission to install a tight tank in the Wyman Avenue property. I have spent time working with the Mayor, and he has advised me that the city will install sewer out Ilighland to Wyman Avenue this construction season, and authorized me to advise you of that information, Ms. Miller, as I am sure you are aware, has very limited funds, but we do have adequate money at the bank to hook her into the new sewer line. This money was essentially earmarked for the tight tank. l am very hopeful that the Board will allow its to dispense with the tight tank installation, and we can put these funds to work directly to the new sewer. To protect against problems in the meantime, we propose to pump Ms. Miller's septic system monthly, until she is able to hook into the sewer. I am enclosing a receipt showing that the system has been pumped as of April 15, 1999, and he hopes that this temporary solution will be acceptable to the Board. Thank you for considering my request. Sincerely, Dwain B. Smith, Esq. DBS/v nacn�w.noo�an�md,a.ia�)� From:Smith&Smith,Couseilors at Law Fax:P78i1113226Voice:(918)1i1-0220 at:SALEM BOARD OF HEALTH To:JOANNE SCOTT,HEALTH AGENT Page 3of3Thursday,Apiii16,19999:36:30AM U.....- jfpSEPI IC & ,. .. -... .- DRAIN 9s� APR 1 5 1999Cjr �� �1 P qq 11 r1031 CITY CIF SALEM FEI WEl l�E°pROFESSIONAL EXPERTS IN THE SEPTIC & DRAIN INDUSTRY e -PLEASE PAY FROM THIS BILL- etomer sme: �u-1/ 1 MAIN 107 FOREST STREET Saralee Loeatlon: r. u, ✓� c,�; j OFFICE MIDDLETON, MA 01949 phone: 71t'0 - L? el LI/ (978) 774.2772 • FAX (978) 750-0206 Contact: • RESIDENTIAL/COMMERCIAL • SERVICING THE ENTIRE NORTH SHORE BillingAddras& • CERTIFIED TITLE V INSPECTORS tray: zV: • SAME DAY EMERGENCY SERVICE Data of service: ` j7N lure of Service Special Instructions 0Completed Reg. Main. 0Incomplete/ Reason: 0 Emergency Per; DSchedule: Reg. gDayO Night 0 NIC ' Services Rendered Vacuum Pumping Observations Drain Cleaning ! Septic Tank Good Condition 1 Main Line IDrywall Leachfiald RunbaCk II Toilet Bowl I I Leach Pa/Overflow I I Riding High !I Kitchen Sink D-Boz (liquid level) 11 Bathtub l Shower I Pump Chamber I I Full to Cover t i Vanity l l (,masa Trap 11 Excessive Solids I Floor Drain I I Catch Bevin Top/Bottom !I Yard Drain ;' Portable Toilet U Use No Powdered Soap f i Vent (1 Other I I I Heavy Grease I i Water Jetting Oty. Rook; � 't r' it Other i -r _ - _ I I Size: i i Suggest Electric Rootaring 0 Footage: I I Under 1000 gallons 11 1000 gallons t 500 gallons iJ Van Called 11 2000 gallons 1 13000 gallons 11 4 gallons I! Otner t 11 5000 gallons f.1 6000 gallons LI other Miscellaneous I! Digging Charge I I Backhoe f1 inspection 11 Location I I Kubota "' I I Title V Inspection I1 Service Call !1 Consultation Reason: I I Labor I I Estimate I I Pump Repair I I Waiting Time 11 System Installation I I Repair I I Portable Toilet Rental t I System Treatment I I Baffle I I Rejuvenation 'Digging Charge Is Per Driver's Discretion Description of Work II„t,l p.-- il 1 r Recommendations :M „ y, r I Terms of Payment; C.O.C. PARTS Vacuum Pumping Drain Cleaning Payment Required Upon Service TAX Month DISCOUN FTems & Conditions Cash Mck (,Credit.. TOTAL ot responsible for damage hero d the curb line. a. 1.5%par month will ho charged to accounts pasl d,.el complaints>hall he reported within 48 hours. 4.The purchaser agrees to pay all cost at Collection I the undersipned agree to an{firms and conditions. . �,_...- n r . A 11 1 Y7' �_.... Customer Signature, .r� 11 Serviceman,,,__,_ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI BOB DURAND Governor - - Secretary JANE SWIFT DAVID B.STRULIS Lieutenant Governor Commissioner JAN 2 9 1)Y) January 26, 1999 CITY OF SALEM HEALTH DEPT. John and Patricia Miller 8 Wyman Avenue Salem, MA 01970 RE: APPROVAL OF TIGHT TANK TO ELIMINATE FAILED ON-SITE SYSTEM(BRPWP64a) 8 Wyman Avenue,Salem (18 -North Coastal) DEP Transmittal No.202850 Dear Mr. and Mrs. Miller: The Metropolitan Boston-Northeast Regional Office of the Department of Environmental.Protection has received and completed its review of the above referenced application for approval of a tight tank pursuant to Title 5 of the State Environmental Code, 310 CMR 15.260 to serve a two-bedroom dwelling at 8 Wyman Avenue, Salem. Accompanying the application were plans consisting of 1 sheet titled as follows: Title: Sewage Disposal System, Site Plan and Profile Location: 8 Wyman Avenue Municipality: Salem Applicants: John and Patricia Miller Designer: Joseph J. Serwatka,P.E. (Civil)No. 36981 Date(Last Revision): March 6, 1997 (Plan has been revised in pen,however the date of revision is not noted.) Based on its review of the application and accompanying plans,the Department recognizes that the existing subsurface disposal system has failed, a sewer connection is not feasible, and there is no other feasible alternative to upgrade the system in accordance with 310 CMR 15.000. The Department finds that the application and the plans.are in compliance with 310 CMR 15.000 and, accordingly,hereby approves your request pursuant to 310 CMR 15.260,Tight Tank,subject to the following provisions. Failure to comply with these provisions may result in revocation of this approval. • Prior to installation of the 2,000 gallon tight tank,the owners shall obtain a Disposal System Construction Permit from the Salem Board of Health. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington, MA 01887 . Phone (978) 661-7600 • Fax (978) 661-7615 • TDD# (978) 661-7679 Z�J Printed on Recycled Paper � r John& Patricia Miller Page 2 January 26, 1999 • This approval is limited to the existing use and any change of use will require a new approval. The tight tank shall not be used for new construction or for any increase in flow. The facility's design flow is 220 gallons per day. • The dwelling is limited to two bedrooms. The owners shall grant to the Salem Board of Health a deed restriction to this effect in accordance with 310 CMR 15.002. • The owners shall allow representatives of the Department and the Salem Board of Health access to inspect the facility during construction in order to assess compliance with the final plans as approved by the Department. It is the applicants' responsibility to ensure that the approved plans are available at the site during construction. • No tight tank shall be utilized until the owners have submitted to the Department and the Board of Health written certification by a Massachusetts Registered Professional Engineer or Registered Sanitarian that the tight tank has been constructed and installed in accordance with the approved plans. • A copy of the as-built plan shall be forwarded to the Department within thirty days of issuance of the Certificate of Compliance. •gTheFowners sha19 provide;theSa'lem-Board-ofHealth with a' oc py of an-exe-cuted-two yearservice�contracR )�tha'septaoe`hauler I-iiceensed'tooperate in that-community which identifies the disposal location(9)of �„ r 7—ma_ e t;ght-tank contents Faiiiire of thiommer_to_pr-operlymaintain the fight tank andkeep_itfi_o G�flowing shall cons i me Woun - for revocafion of this'ap F`Pval`] • When a sewer becomes available,the owners shall connect the facility served by the tight tank to the sewer within thirty(30) days and shall abandon the tight tank in accordance with 310 CMR 15.354. • Prior to use of the tight tank the owners shall record in the chain of title to the property a copy of this approval and shall submit to the Department the book and page number and the date of such recording. • (An'operation and maintenance plan,acceptable to_the SalemBo'ard�of-Health-shall-6e implemented wHich requirermonitoring'of th�ystem_ata minimum freque�ncy_of once_every three months�o ensure_proper o eratron and-maintenance:Monito_rinn of the s stem shall be c ducted b ase fic s-stern hauler who 'as a been granted permit to transpoct_septage_by the Salem Board ofH--ealtli'T15is operation-ate main en"`t""ance plui_shall'.be_submtt'e_d and_approved"by the B`-oard_'ofHealth prior to issuance ofd C'ertifcate-of-C-of -for this-tight-tankl • All notices and information required pursuant to this approval shall be sent to the Department at the following address: Wastewater Management Program Massachusetts Department of Environmental Protection 205a Lowell Street Wilmington, MA 01887 • The owners shall submit monthly reports to the Salem Board of Health concerning operation and maintenance of the tank. These reports shall be submitted to the Salem Board of Health no later than the fifteen day of the month following the month for which the report was prepared. These monthly reports shall be prepared by the septic system hauler referenced above. At a minimum,these reports shall include the dates and quantities of septage pumped from the tight tank and the condition of the tank. At least every third report shall include the results of the operation and maintenance monitoring. Such monitoring shall include testing of the alarm system. These monthly reports shall in no way be construed as replacing the pumping records required by 310 CMR 15.000 or the below condition. John&Patricia Miller Page 3 January 26, 1999 • The owners shall submit to the Salem Board of Health copies of pumping records within 14 days of each pumping date. Please note that the conditions, outlined above,do not supersede any conditions imposed by the Salem Board of Health. The above conditions supplement any other conditions imposed by the Salem Board of Health. Should you have any questions regarding this matter,please contact Claire A. Golden,of my staff, at(978) 661-7743. Sincerely, inF;l/tj;