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HomeMy WebLinkAbout10 Southpark Ln.TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 December 4, 2003 Jeanne and Everett Simons 10 South Park Lane Mansfield, MA 02048 Dear Mrs. Simmons, I received your letter dated November 26, 2003 with a copy_ of the contract from U.S. General Contractors, Inc. attached. This satisfies our requirements at this time. If you have any questions or require additional information, please contact me at 508- 261-7366, Your Scott Health Agent November 26, 2003 Jeanne and Everett Simons 10 South Park Lane Mansfield, MA 02048 Dear Mr. Leite, We have contracted with U.S General Contractors to update our septic system. Enclosed is a copy of our contract. I spoke with Timothy Boswell and he said he would speak with you at the beginning of this week. We are on his waiting list. I am not certain when we are scheduled to have our work done. I hope this satisfies your requirements and that you have a pleasant holiday. Regards, t Jeanne Simons U.S General Contractors, Inc 393 Elm Street Mansfield, MA 02048 (508) 3394464 Proposal Submitted to: Street Address: City: Job Name: Job Location: Phone: Proposal We hereby submit specifications and estimated for: Installing a sanitary disposal system according to drawings dated 8111/03, done by Hutchins -Trowbridge Assoc. Strip loam $330.00 Pump Existing $220.00 D-Box $85.00 $85.00 Contractors 100s $390.00 $300.00 3/4" Stone $585.00 $480.00 3/8" Stone $195.00 $200,00 Septic Sand $855.00 $300.00 Excavation $1,200.00 Backfill and regrade $440.00 Note: if stumps are in the work area the cost to remove them will be an extra Landscaping if needed will be at .45 per sq ft. We propose hereby to furnish material and labor -complete in accordance with above specifications, for the sum of: Six Thousand and Five Hundred and Twenty Nine Dollars: $6,529.00 Payment to be made as follows: On completion of job All material is guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alteration or deviation from above specification involving extra cost will be executed only upon written orders, and will become an extra cost over and above the estimate. Workers are fully covered be Workmen's Compensation Insurance. On default, or non-payment of this proposal you will be fully responsible of all legal fee to collect the sign proposal, and all attorney fees. TOWN OF MANSFIELD) MASSACHUSETTS Six Park Row, Mansfield, MA 02048 November 18, 2003 Mr. and Mrs. Everett Simons 10-South Park -Lane Mansfield, MA 02048 Dear Mr. and Mrs. Simons, It is not uncommon to make minor adjustments to septic system plans during construction. We will work around such constraints. All wastewater from the dwelling must be discharged into a septic system; drywells for washing machines are not permitted. As I have told you several times, your septic system is failed and there is no alternative but to replace the leaching field. You had the opportunity to request a hearing before the Board of Health to contest the order, but did not. Discussion of the enforcement order regarding the failure of your septic system is no longer available to you. In my letter of November 5, I asked you to respond within seven days of your intent to comply (or not ) and with the anticipated completion date. Your letter of November 13, 2003 did not address this request. Please provide me with a copy of a signed contract with a licensed disposal works installer, to include completion of the upgrade by December 20, 2003, within seven (I) days or I may seek compliance through the court. If I can be of further assistance, please do not hesitate to contact me. Your,,#rul s1`i o of Health Sc Le' , Health Agent C: Enforcement Order of July 14, 2003 ENFORCEMENT ORDER From: Scott Leite, Health Agent for the Board of Health To: Everett F. Simons Owner/Operator: Everett F. Simons Date of Issuance: July 14, 2003 Location of On -site System: 10 Southpark Lane Extent and Type of Activity: Discharge of effluent to surface of ground The Board of Health has determined that the activity described above is in violation of the State Environmental Code, 310 CMR 15.000 for the following reason(s): {} The system has not been maintained in accordance with the Certificate of Compliance issued on 19 . { } The system is being or was installed in noncompliance with the Disposal System Construction Permit issued on 19 . {X} 310 CMR 15.303 Systems Failing to Protect Health and Safety and the Environment.(1)(a) there is a discharge of effluent directly or indirectly to the surface of the ground through pointing, surface breakout or damp soils above the disposal area or to a surface water of the Commonwealth. { } Other: 310 CMR 15.303 Systems Failing to Protect Health and Safety and the Environment.(1)(a)3 the static liquid level in the distribution box is above the Level of the outlet invert. The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter 111, Section 12-4 the following: 1. Immediately pump all septic system tanks and/or seepage facilities, then daily or additionally as necessary to prevent discharge of effluent to the surface of the ground. 2. Immediately repair and upgrade the on -site sewage disposal system in accordance with the standards of State Environmental Code: 310 CMR 15.000, Title 5 and the Mansfield Board of Health regulations or connect to the sanitary sewer collection system. 3. Notify this office of your intent and method of compliance within five (5) days of receipt of this order. Enforcement Order Page 2 Simons Failure to comply with this order may constitute grounds of legal action. Massachusetts General Law, Chapter 21A, Section 13 provides: "Local Boards of Health shall enforce the [Environmental] code in the same manner in which local health rules and regulations are enforced". Massachusetts General Law, Chapter 111, Section 31 provides: "Whoever, himself or by his servant or agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable health regulation, made under authority of this section, for which no penalty by way of fine or imprisonment, or both is provided by law, shall be punished by a fine of not more than five hundred ($500) dollars. " Every day in which said violation continues shall be a separate offense. Your appeal rights are described in 310 CMR 1108 Hearing and 310 CUR 11.09 Appeal as follows: 11.08 Hearing (1) Procedure for Requesting and Holding Hearing Unless otherwise specified in this code, the person or persons to whom any order has been served pursuant to any regulation of this code may request a hearing before the Board of Health within seven (7) days after the day the Order was served, in the forth of a written petition requesting a hearing on this matter. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than thirty (30) days after the day on which the order was served. The Board of Health, upon application of the petitioner, may postpone the date of the hearing for a reasonable time beyond such a 30-day period if, in the judgment ofthe Board of Health, the petitioner has submitted a good and sufficient reason for such postponement. (2) Hearing of the Pet@loner. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. (3) Procedure by the Board After the Hearing After the hearing, the Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision. If the Board of Health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification. (4) Public Record, Every notice, order, or other record prepared by the Board of Health in connection with the hearing shall be entered as a matter ofthe public record in the office of the clerk of the city ortown, "in the office ofthe Board of Health. (5) Hearing Petition Not Submitted or Sustaining of Order. If a written petition for a hearing is not filed with the Board of Health within seven (7) days after the day the order has been serviced, or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense. 11.09 Anneal Any person aggrieved by the final decision of the Board of Health with respect to the denial of plan approval, the denial of revocation or failure to renew a license, or with respect to any order issued under the provisions of this code may seek relief therefrom in any court of competentjurisdiction, as provided by the laws of this Commonwealth - If I may be of assistance, please do not hesitate to contact me. Issued by Scott Leite, Health Agent for the Board of Health Signed: Certified Mail: 7099 3400 0008 9408 2793 TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 November 5, 2003 Mr. and Mrs. Everett Simons 10 South Park Lane Mansfield, MA 02048 Dear Mr. and Mrs. Simons, On July 14, 2003 you were issued an order to immediately repair and upgrade your septic system. On August 26, 2003 your plan to upgrade your septic system was approved. Please respond in writing, (within seven days), with your intent to comply with the order or not and what will be the anticipated completion date. If I can be of further assistance, please do not hesitate to contact me. Yours truly, Mansfield Board of Health Agent C: trirorcement Order of July 14, 2003 ENFORCEMENT ORDER From: Scott Leite, Health Agent for the Board of Health To: Everett F. Simons Owner/Operator: Everett F. Simons Date of Issuance: July 14, 2003 Location of On -site System: 10 Southpark Lane Extent and Type of Activity: Discharge of effluent to surface of ground The Board of Health has determined that the activity described above is in violation of the State Environmental Code, 310 CUR 15.000 for the following reason(s): { } The system has not been maintained in accordance with the Certificate of Compliance issued on 19 . { } The system is being or was installed in noncompliance with the Disposal System Construction Permit issued on 19 . {X} 310 CMR 15.303 Systems Failing to Protect Health and Safety and the Environment.(1)(a) there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area or to a surface water of the Commonwealth. { } Other: 310 CMR 15.303 Systems Failing to Protect Health and Safely and the Environment'(1)(a)3 the static liquid level in the distribution box is above the Level of the outlet invert. The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter 111, Section 12-4 the following: 1. Immediately pump all septic system tanks and/or seepage facilities, then daily or additionally as necessary to prevent discharge of effluent to the surface of the ground. 2. Immediately repair and upgrade the on -site sewage disposal system in accordance with the standards of State Environmental Code: 310 CMR 15.000, Title 5 and the Mansfield Board of Health regulations or connect to the sanitary sewer collection system. 3. Notify this office of your intent and method of compliance within five (5) days of receipt of this order. Enforcement Order Page 2 Simons Failure to comply with this order may constitute grounds of legal action. Massachusetts General Law, Chapter 21A, Section 13 provides: "Local Boards of Health shall enforce the [Environmental] code in the same manner in which local health rules and regulations are enforced". Massachusetts General Law, Chapter 111, Section 31 provides: "Whoever, himself or by his servant or agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable health regulation, made under authority of this section, for which no penalty by way of fine or imprisonment, or both is provided by law, shall be punished by a fine of not more than five hundred ($500) dollars. " Every day in which said violation continues shall be a separate offense. Your appeal rights are described in 310 CMR 11.08 Hearing and 310 CMR 11.09 Appeal as follows: 11.08 Hearing (1) Procedure for Requesting and Holding Hearing Unless otherwise specified in this code, the person or persons to whom any order has been served pursuant to any regulation of this code may request a hearing before the Board of Health within seven (7) days after the day the Order was served, in the form of a written petition requesting a hearing on this matter. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing The hearing shall be commenced not later than thirty (30) days after the day on which the order was served. The Board of Health, upon application of the petitioner, may postpone the date of the hearing for a reasonable time beyond such a 30-day period if, in thejudgment of the Board of Health, the petitioner has submitted a good and sufficient reason for such postponement. (2) Hearing of the Petitioner. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. (3) Procedure by the Board After the Hearing. After the hearing, the Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision. If the Board of Health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification. (4) Public Record. Every notice, order, or other record prepared by the Board of Health in connection with the hearing shall be entered as a matter of the public record in the office ofthe clerk ofthe city ortowq or in the office of the Board of Health. (5) Hearing Petition Not Submitted or sustaining of Order, If a written petition for a hearing is not filed with the Board of Health within seven (7) days after the day the order has been serviced, or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense. 11.09 Appeal Any person aggrieved by the foal decision of the Hoard of Health with respect to the denial of plan approval, the denial of revocation or failure to renew a license, or with respect to any order issued under the provisions of this code may seek relief therefrom in any court of competentjurisdiction, as provided by the laws of this Commonwealth. If I may be of assistance, please do not hesitate to contact me. Issued by Scott Leite, Health Agent for the Board of Health Signed: Certified Mail: 7099 3400 0008 9408 2793 TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 ENFORCEMENT ORDER From: Scott Leite, Health Agent for the Board of Health To: Everett F. Simons Owner/Operator: Everett F. Simons Date of Issuance: July 14,(2003 Location of On -site SysteiWi 10 Southpark Lane' ' Extent and Type of Activity: Discharge of effluent to surface of ground The Board of Health has determined that the activity described above is in violation of the State Environmental Code, 310 CMR 15.000 for the following reason(s): { } The system has not been maintained in accordance with the Certificate of Compliance issued on 19 . { } The system is being or was installed in noncompliance with the Disposal System Construction Permit issued on 19 . {X} Environment (1)(a) there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area or to a surface water of the Commonwealth. { } Other: 310 CUR 15.303 Systems Failingto o Protect Health and Safety and the Environment.(1)(a)3 the static liquid level in the distribution box is above the Level of the outlet invert. The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter 111, Section 12-4 the following: 1. Immediately pump all septic system tanks and/or seepage facilities, then daily or additionally as necessary to prevent discharge of effluent to the surface of the ground. 2. Immediately repair and upgrade the on -site sewage disposal system in accordance with the standards of State Environmental Code: 310 CMR 15.000, 'Title 5 and the Mansfield Board of Health regulations or connect to the sanitary sewer collection system. 3. Notify this office of your intent and method of compliance within five (5) days of receipt of this order. Enforcement Order Page 2 Simons Failure to comply with this order may constitute grounds of legal action. Massachusetts General Law, Chapter 21A, Section 13 provides: "Local Boards of Health shall enforce the [Environmental] code in the same manner in which local health rules and regulations are enforced". Massachusetts General Law, Chapter 111, Section 31 provides: "Whoever, himself or by his servant or agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable health regulation, made under authority of this section, for which no penalty by way of fine or imprisonment, or both is provided by law, shall be punished by a fine of not more than five hundred (S500) dollars. " Every day in which said violation continues shall be a separate offense. Your appeal rights are described in 310 CMR 11.08 Hearing and 310 CMR 11.09 Appeal as follows: 11.08 Hearing (1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in this code, the person or persons to whom any order has been served pennant to any regulation of this code may request a hearing before the Board of Health within seven (7) days after the day the Order was served, in the form of a written petition requesting a hearing on this matter. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than thirty (30) days after the day on which the order was served. The Board of Health, upon application of the petitioner, may postpone the date ofthe hearing for a reasonable tine beyond such a 30-day period if, in the judgment of the Board of Health, the petition" has submitted a good and sufficient reason for such postponement. (2) Hearing of the Petitioner, At the hearing, the petitioner shall be given an opportunity to be heard mid to show why the order should be modified or withdrawn (3) Procedure by the Board After the Hearing. After the hearing, the Board of Health shall sustain, modify, or withdraw the order and shall inferno the petitioner in writing of its decision Van, Board of Health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or inthe modification (4) Public Record Every notice, order, or other record prepared bythe Board of Health in connection with the hearing shall be entered as a matter of the public record in the office ofthe clerk ofthe city ortown, or inthe office of the Board of Health. (5) Hearing petition Not Submitted or Sustaining of Order. If a written petition for a hearing is not filed with the Board of Health within seven (7) days after the day the order has been serviced, or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense. 11.09 Anneal Any person aggrieved by the final decision of the Board of Health with respect to the denial of plan approval, the denial of revocation or failure to renew a license, or with respect to any order issued under the provisions of this code may seek relief therefrom in any court of compound jurisdiction, as provided by the laws of this Commonweahh. If I may be of assistance, please do not hesitate to contact me. Issued by Scott Leite, Health Agent for the Board' o Health Signed:rt"" Certified Mail: 7099 3400 0008 9408 2793 E61L2 9Oh6 9000 OOhE 66OZ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If cnaro �•--,cr+auresseo to: GV--Qr.�-I r s,�,�,s v SO CA- J Pa,. 0/t}/ /'f1� � i d YES, enter delivery address below: �gy Certifled Mail ❑ Express Mall ❑ Registered-�lIaturn Receipt for Merchandise I ..... ••-�••�•_� �rnrveryr (txfre YeeJ w COO c`1 al�� YJ I-orm J811, July 1999 Domestic Return Receipt .