HomeMy WebLinkAbout1982 Jul 26 - Investigation Report °��Y�� TOWN OF YARMOUTH
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H. MATfA � E� � BOARD OF HEALTH
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July 26, 1982
INVESTIGATION REPORT
for
Lot J-13 Merchant Avenue
Yarmouth Port, MA
Owned By:
Robert David
27 Marshall Street
Norfolk, MA 02056
JANUARY 28 , 1969 :
Sketch plan of lot on file in Health Department Office.
OCTOBER 23, 1979 :
Owner: Stamler. Deep Test performed at right front corner of
lot by Eldredge Engineers; witnessed by Health Agent, Dale
Karnes. Soil Log indicated Fill and Peat found - checked as
unsuitable for sewage disposal system as 4 feet of naturally
occurring pervious soil was not observed, as required by Title
5 - State Environmental Code: 15 .00 CMR 15. 03 :6 : "Required
Depth of Pervious Material" .
NOVEMBER 16, 1979 :
Owner: Stamler. (R. David) . Deep Test performed (repeat) at
left front corner of lot by Sweetser Engineers; witnessed by
Health Aqent Dale Karnes. Soil Log indicated original, clean
meadium sand encountered between 1� - 9 feet, with water at
9 feet. Checked as suitable for trenches.
R. David purchased land based upon Deep Test.
*
NOVEMBER 27, 1979 :
Letter from Sweetser Engineers to Mrs. Stamler with copy to
David Paul, Carey Real Estate, stating contents of soil log
and that "This soil is considered suitable for the subsurface
disposal of sewage. "
JULY 14, 1981 :
Mr. David visited the Health Department Office at which time
Mr. Murphy informed him that he would need to see the engi-
neered plans showinq where the subsurface sewage disposal sys-
tem was to be located; also, that it was possible another Deep
Test would be required to confirm that the area of the entire
2.
INVESTIGATION REPORT
LOT J-13 MERCHANT AVENUE
system would not be in filled area, as the Town of Yarmouth
Amendments to Title 5, Regulation 3.4 , states: that the re�
sults from deep and percolation tests maX be utilized for a
period of 2 years from the date of the actual tests,
SEPTEMBER 8, 1981 :
Plans delivered to Health Department Office.
OCTOBER 19 , 1981 :
(A) Sketch plan (1/28/69 submitted) .
(B) Engineered plan dated 9/8/81 reviewed by department, Com-
ments: further interpretation needed, as followsc
(1) New test pit in area of proposed system,
(2) Distance to Wetlands needed (west) , to be confirmed
by Conservation Commission,
(3) All variances to be stated,
(4) Need Sheet 2 of 2 (page with calculations) ,
(5) Shade area that is to be removed around system,
(6) Engineer to certify construction to be stated on
plan,
(7) Percentage of lot that is original soil.
OCTOBER 29 , 1981 :
Owner: Robert David. Two Deep Tests performed at right front
corner of lot by Sweetser Engineers; witnessed by Assistant
Health Agent David Carignan. Soil log indicated fill en-
countered in both test holes. Checked as unsuitable for sew-
age disposal system as 4 feet of naturally occurring pervious
soil was not encountered.
NOVEMBER 5 & 6, 1981 :
In a conversation with John of Sweetser Engineers, he inquired
as to the procedures used for de-watering a test hole while
conducting deep tests, needed to verify percolation rates below
the water table level. It was explained that in de-watering
tests to find the percolation rates below a water table level,
it still was no guarantee for approval; that a proposal must
be submitted to the Board of Health.
FEBRUARY 17 , 1982:
Owner: Robert David. Deep Test performed by Sweetser En-
gineers; witnessed by Asst. David Carignan. Soil log indicated
fill encountered; equipment for de-waterinq not sufficient.
FEBRUARY 19 , 1982 :
Conservation Commission notified Health Department that any
£uture testing on Lot J-13 Merchant Avenue will require prior
contact with that commission.
FEBRUARY 26 , 1982 :
Telephone call received from Mr. David stating that lot was
tested in past and that original soil had been found. Mr.
�INVESTIGATION REPORT 3.
'LOT J-13 MERCHANT AVENUE
David asked why further testing was required on this lot. It
was explained that 4 feet of naturally occurring pervious soil
must be verified around the area designated for the proposed
septic system, and that on July 14 , 1981, he had been informed
that further testing could possibly be required in this deter-
EXCERPT OF mination.
LETTER SENT TO In the research of department records, it did not appear as
MR. DAVID: though official approval had ever been granted, in writinq,
3/2/82 for the construction of a subsurfaee sewage disposal sXstem
on Lot J-13, Merchant Avenue. The area of a proposed system
must be 100 feet from a Wetlands area, according to Town of
Yarmouth Amendments to Title 5, Regulation 3, 7 , and also meet
with Title 5 = State Environmental Code: Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage. All require-
ments must be complied with prior to obtaining a Building Per-
mit, therefore, further testing would be recommended, after
receiving approval from the Conservation Commission to locate
naturally occurring pervious soil 100 feet from the Wetlands
area.
MARCA 2, 1982 :
Letter sent to Mr. David outlining 'above events.
MARCH 3, 1982•
Mr. David called department; stated he had not received the
above letter as yet. He was� very upset and stated would pos-
sibly be bringing suit against the town. I stated to him that
4 feet of original soil is needed and that in order to perform
perc test there was a possibility of having to de-water while
performing the test. Mr. David stated that the other houses
have no problems. I informed him to call back on March 9th
at 1 :00 p.m. , as I would contact Sweetser Engineers to discuss
soils again.
I telephoned John at Sweetser Engineers and discussed whether
to conduct further tests on lot to find original soil, as was
first noted. Possibility of maybe being able to use seive
analysis. John thought it was a qood idea and would wait for
a call from Mr. David before any further testing. (Telephone
call recorded on back of letter dated 3/2/82} .
MARCH 25, 1982•
Deep Test #4 performed; witnessed by Asst. Health Agent, David
Carignan.
JUNE 21, 1982 :
Application £or variance submitted by John of Sweetser Engineers.
JUNE 24, 1982:
Notices of Board of Health meeting for 7/6/82 , regarding hearing
for variance sent to abuttors, owners, etc. , by certif�Gate of�
mail.
�INVESTIGATION REPORT ¢ ,
iLOT �7-13 MERCHANT AVENUE
JULY 1 , 1982 :
Inter-office memo £rom John Newton confirming location of
marsh as submitted by Sweetser Engineers. plan.
JULY 6, 1982:
Letter from Atty. Anderson, representing abuttor Gordon, against
variance being granted by Board of Health.
*
JULY 6, 1982 :
Board of Health meeting. Present at meeting: Mr. & Mrs. Robert
David, John Sweetser, Calvin Bartlett, Mr. & Mrs. Sheldon, Mr.
& Mrs. Lawrence. Vice-Chairman moved that lot will be viewed
separately by board members and that a decision will be forth-
coming at the next Board of Health meeting scheduled for July
19th, at which time no further discussion will take place.
JULY 7, 1982 :
Mr. David called office, wanted to know what he should do. I
informed him that it was up to his engineer to demonstrate to
the board that a system could be installed. Mr. David seemed
to be very upset.
SULY 8 , 1982:
10 :00 A.M:
Visited lot with Jerry Garnick.
JULY 9 , 1982:
Visited lot with Dr. Harold Gursha.
JULY 9, 1982 :
2 :00 P.M.
� Visited lot with Leo Decoteau; stated he had viewed lot earlier
in day.
JULY 15, 1982 :
2:30 P.M.
Visited lot with Virginia Robinson.
*
JULY 19, 1982 :
Board of Health meetirig. Variance denied.
JULY 21, 1982 :
11 :00 A.M.
Mr. David in Health Department office. Gave him copies of
percolation test records dated:
10/23/79
11/79
10/29/81
2/17/82
I informed him that I would be forwarding him a letter stating
the reason for the board's denial of the variance, as was stated
� !INVESTIGATION REPORT 5 ,
+LOT J-13 MERCHANT AVENUE
at the meeting on July 19th. Also informed him that the Ap-
peal of the decision was through the District Court.
JULY 21, 1982 :
Draft #1 of letter delivered to Atty. �;, Garnick: for review.
JULY 22, 1982:
Called Atty Ga�ns_�$;he stated letter should be reconstructed.
JULY 23, 1982 -
8:45 A.M.
Mr. David in office; spoke with secretary, asking if letter
was ready. She replied that it had not been signed as yet.
Mr. David also requested copies of percolation test results
and plans for:
(1) Lot T-4 Merchant Avenue
(2) Lot M-5 Macomber Drive
in addition to any other pertinent data relative to the appro�
val of any other Title 5 's in this particular area.
10 :45 A:M.
Mr. David came back to office to see if letter was ready. It
was not.
12:00 NOON•
Mr. David checked back with department regardinq the letter.
12:00 NOON:
Draft #Z of letter delivered to Atty. GarniGk.
1 : 00 P.M.
Mr. David in office, spoke with secretary, who informed him
that letter still had not been signed. Mr. David explained
that he needed letter today as he was going home. He was
asked to check back after 3 :00 p.m. as Mr. Murphy was expected
in at that time.
3 :40 P.M.
Mr. David in office. Mr. Murphy stated that letter still had
not been approved by the Board and that a copy would be mai],ed
to him.
4 :00 P.M.
Atty. �i�k called department, stated letter was fine and to
change the date to that of the day it would be mailed. (Monday
7/26/82) .
JULY 26, 1982 :
Letter mailed to Mr. David.
6.
INVESTIGATION REPORT
LOT J-13 MERCHANT AVENUE
AUGUST 3, 1982:
ATTY. GEORGE'S OFFICE CALLED TO SCHIDULE AN APPOINTMENT WISH BRUCE MURPHI'.
APPOINTMENT SCHEDULED FOR 8/4/82 at 1:00 in HEALTH DEPT, OFFICE.
AUGUST 4, 1982:
Appointment cancelled due to Bruce being out sick. Explained that he
would contact Mr. George when he returned to work,
AUGUST 9, 1982•
Atty George's Office called re; scheduling an appointmenY to meet with
Bruce. Left message for Bruce to return call.
AUGUST 9, 1982•
4:30 p.m. Bruce returned call, set appointmant for 8/10/82 at 12:OO. noon,
AUGUST 10, 1982:
12:00 noon
Atty. George in Health Dept. Office for meeting to discuss outline of evenis
re; Lot J-13, Merchant Auenue.
Atty. George requested copies of the following:
(1) 7/26/82 letter to Mr. David from Board of Health re; Denial of Yariance
(2) List of Variances
(3) Letter from Atty. Anderson
(4) Letter from Sweetser Enginers
(5) Soard_ of Health minutes of ineetings held on 7/6/82 & 7/19/82,
Atty. George thought that the Board of Health decision was a taking of the
land. Stated that Mr. David purchased the land with the understanding that
previous Health Agent, Dale Karnes, had okayed the lot for sale based upon
the decision that leachi.ng trenches could be installed,
AUGUST 10, 1982:
Atty. George given above requested information.
AUGUST 13, 1982:
John Schuble, fran Staeetser Erigineering, called - wants to discuss
alternate plans - gave him ap�ointment date of 8/17/82.
AUGUST 17, 1982:
Meeting with John fran S�etser - possible changes in syst� - less variances,
stated should revise plans and resukxnit requests � stated he .should aiso
speak to Attorney George on court proceedings.
JiINE 1, 1983:
Meeting - Dick O'He�rn and Bruce Nh,irphy - elevation on MHW not MSL, Deep
Test through peat - reimve 25' in 3 areas, but would still be less than
100' to wetlands, check groucidwater flaa.
INVBSTIGATION RBPORT 7.
LOT J-13 MERCHANT AVBNUB
AUGUST 4, 1983:
At Conservation Commission Hearing to request permission to dig soil tests.
* OCTOBER 27, 1983:
Hydrogeologist's Report - Arch Associates. "...lot consists primarily, if not
entirely, of fill."
DECEMBER 15, 1983:
Attorney Shealy reviews file.
FEBRUARY 16, 1954:
Meeting with Steve from R.J. O'Hearn's office to review engineered plan of
1/23/84.
MARCH 16, 1984:
Letter from O'Hearn, Inc.: wishing to submit new proposal based on recent soil
tests, topographical survey on U.S.G.S. datum.
MARCH 19, 1984:
Robert David called requesting permission to ask Town Counsel "when is a
filled-in marshland considered to be virgin soil."
MAY 4, 1984:
Meeting: Richard O'Hearn - points that must be included on plans:
(1) List all variances - to Wetlands (both sides)
(2) Fill area
(3) Aerial Map
(4) Geologist Report
(5) O'Hearn states - Atty. will write up variances.
(6) Slope elevations
(7) After variances are drawn up and plans are revised, will schedule
another meeting.
AUGUST 15, 1984:
Deep Test with O'Hearn, Inc. - 10' fill, peat
NOVEMBER 16, 1984:
Letter from O'Hearn's office - Dennis Ring, outline and new developments.
NOVEMBER 16, 1984:
2:20 P.M.
Meeting with Dennis Ring & Bruce Murphy - items covered: re: 11/9/84 revised plans:
(1) Show all old deep testing - locations 6T results
(2) Perc Test elevations
(3) Seive analyses - elevations & locations
(4) Add variances: (A) 15' to street from primary 6z reserve systems
(B) Top of foundation
(C) Variance to Wetlands
(5) Show top of pea stone elevations
(6) Show slope calculations
(7) Show more contours
INVBSTIGATION RBPORT $' I
LOT J-13 MBRCHANT AVBNUB
JANUARY 4, 1985:
O'Hearn's office submits variance request, etc.
JANUARY 16, 1985:
(Approximately) Informed should submit a report of all changes and what's different,
and why variances should be granted.
JANUARY 24, 1985:
Letter from O'Hearn - Dennis Ring - regarding most recent developments,
up-dates and changes to plans and designs.
JANUARY 29, 1985:
7:00 P.M. - Reviewed file
FEBRUARY 1, 1985:
Reviewed file and up-dated investigation report, and reviewed variance
requests.
FEBRUARY 3, 1985:
Letter to O'Hearn - regarding variance required.
MARCH 7, 1985 :
R. J. O'Hearn stated variances, as outlined in letter of 2/13/85, are
correct. (Meeting requested for May).
APRIL 23, 1985:
Board of Health meeting notices mailed out for Board of Health meeting
on May 6, 1985.