19 complaint and court documents 11(/A14I1 IiY 111 Al 411
JOHN 1 Ji,Gt e. l e.., ....�
YKTKH C xeNNY, m 11.
YKJ®1<aNICCENNTNLa.1.; RN: OFFILe or THE
CITY OF NORTHAMPTON
MASSACHUSETTS
PKT KK J MrbK1 AIN, heals, Agin'
1111L.1cI H . PJI ...1i„
May 22, 1704
Mr . Frank C. Heston
19 Country Way
Florence , MA 01060
HOARD OF HEALTH
11U MAIN SIHFKT
01060
44111 f3E °Y)u Ku. 113
pear Mr . Heston: Re: Sewage Nuisance, Map 12 , lot 17
As a result of a complaint, a representative of the Northampton Board of Health
Inspected the property at the corner of Country Way and North Farms Road and
observed a pipe extending from the rear of your property, 19 Country Way (Asses-
slot. Map 12, Lot 17,) , across the boundary line and onto the ad latent easterly
lot . Analysis of water flowing from this pipe revealed the presence of sewage
bacteria.
Whether thfe sewage flow is the accidental result of sewage flowing Into e
foundation drain or an intentionally installed overflow drain from a malfunc-
tioning leaching field, the condition violates Section 15.02 (20) of the Title
5 of the State Environmental Code and is also a public health nuisance.
Therefore under authority of Chapter III, Section 123 of the Massachusetts
General laws and Section 15.02 (19) of Title 5 of the State Environmental Code .
110 CMR, 15.00, you are hereby ordered to remove the drain pipe and repair your
sewage disposal system If It is malfunctioning within seven (7) days of the
receipt of this notice.
Please be advised that all repair to subsurface sewage disposal cystems must he
made by an Installer licensed by the Northampton Board of Health and all work
most be in compliance with the requirements of Title 5.
You have a right to a hearing on this matter provided that your written request
for such a hearing is filed with the Board of Health office within seven (7)
days of the receipt of this notice.
If you have any questions regarding this matter, please contact the Northampton
Board of Health office.
Very truly enure ,
(ir icf 11 ( 6
Peter .1 . Mc Fr lain
Ilealth AY ant / / _ r
P IH, lac �,°l :.✓�Fii _ _ �i �/ j .7*—�yiQiIlvi*)
1r r t I I I rJ N_,1 I I%I' 1.9 i15 1 11c/�/K•-Y� st ,�y
Delivered by // �"` date V/ /1/7
Received by
date
/ 2M
A. LOWELL WATSON II
150 NORTH FARMS ROAD
NORTHAMPTON, MASSACHHSLTTS 01060
Mr Peter M^_Eirsin
City�of Motthampton
` ft _e of the Board o _
2 O t1a in Street
Northampton . Ma . 01 ., 60
Dear Peter ,
This e !. ter is '.n regard to the fatted septic system
of Mr Frank .._stun , located at 19 Country Way ( Assessors
"lap 12 , Lot : 7) This septic oroblem has been on going
since Mug of 1989 . s e a at taahed letter from you to Mr .
-..eston ) As you most recently saw in May of this year , rcw
sewage is present on top of the grass and ground in both
Mr . Heston ' s yard and also my yard , covering an area of
apprcx :matel ': i , 000 square feet .
Ycu stated this situation vans not acceptable and could
not be allowed tc continue any further . It is now October
and still there Is no physical resolution is in sight .
Surely the City and the Board of Health have a right and
duty expect Mr . Heston to bear his responsibilities as a
hcxecr;ner , parent and member of the community and clean up
this sewage heal `h problem . Similarly , as a tax paying
member of this community , _ ha ✓e a right to a sewage free
rC
feel a [ 1 possible " grace" periods are now up and a
resolution of the problem has t;; he made . i would like to
know what steps you are taking to end this now intolerable
situation .
sr C
c letter of May 22 , 1y84
/6( A«.
ell 'datscn
HOARD OF HEALTH
JOHN T.JOYCE.Chairman
PETER C.KENNY.M.D.
MICHAEL 11.PARSONS
PETER J.McERLAIN.Health Agent
Mr. Frank C. Heston
19 Country Way
Florence, Mass .
Dear Mr. Heston:
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFnCE OF TIE
BOARD OF HEALTH
May 26, 1989
Re: Sewage Nuisance
Map 12, Lot 17
210 MAIN SSREET
01060
013)586 6950 Ext.213'
It has come to the Board of Health' s attention that the septic system
serving your property at 19 Country Way (Map 12 , Lot 17) is malfunc-
tioning. Sewage is flowing to the ground surface and on to the adja-
cent property. This condition violates Section 15. 02 ( 20) of 310 CMR
15 . 00 and is a Public Health Nuisance.
Under authority of Chapter 111, Section 123 of the Massachusetts
General Laws and Section 15 .02 ( 19) of 310 CMR 15.00 State Environ-
mental Code you are hereby ordered to repair your sewage disposal
system within seven ( 7 ) days of the receipt of this notice.
Please be advised that all repairs to your subsurface sewage disposal
system must be made by a licensed installer and in accordance with
plans prepared by a registered professional and in compliance with the
requirements of 310 CMR.
You have a right to a hearing on this matter, provided that your
written request for such a hearing is filed with the Board of Health
Office within seven (7 ) days of the receipt of this notice.
If you have any questions concerning this matter, please contact the
Board of Health Office.
Very truly yours ,
Peter J. McErlain
Health Agent
PJMc/mr
Certified Mail #P 688 859 795
SHOWCAUSE # 2315/98.e
Trial Court of the Commonwealth
Clerk's Office
District Court Department
Hampshire Division
15 Gothic Street
Northampton, Massachusetts 01060
November 14, 19 89
TO Prank Reston
"It-Country fir"..
Florence, MA 01060
You are hereby notified that your application for a showcause hearing for alleged
Failure to correct a public health nuisance (111-123)
— Failure to correct a violation of tittle 5 state env. code 310 81( ' .
has been received and a hearing thereon will be had in the CLERK'S OFFICE on
Non day Nov. 27, 19 89 at 3:00 INK PM
at which time you may appear with counsel if you wish,and present such evidence as
you desire to have considered. Failure to appear will result in the issuance of criminal
complaints.
PLEASE PRESENT THIS NOTICE
AT THE CLERK'S OFFICE IF
YOU APPEAR ON THIS MATTER
CC: Peter J. Mclrlaia
elc
APPLICATION ❑ ADULT
FOR COMPLAINT ❑ JUVENILE
E
NUMBER
Trial Court of Massachusetts
District Court Department
ARREST ❑ HEARING - UMMONS ._ WARRANT
The within named complainant requests that a complaint issue against the within
named defendant. charging said defendant with 1 e oltense(s) listed below.
COURT DIVISION
Northampton District Court
15 C01111c Street
Northampton,MA 01060
DATE OF APPLICATION
10/5/89
NAME.
DATE OF OFFENSE
PLACE OF OFFENSE
ADDRESS
r
Peter J.
Northampton
210 Main
Northampton,
L
NAME.ADDRESS
Frank Heston,
19 Country
Florence,
AND ZIP CODE OF COMPLAINANT
McErlain, Agent 7
Board of Health
Street
Mass. 01060
AND ZIP CODE OF DEFENDANT J
(owner)
Way
Mass. 01060
No
OFFENSE
G.L. Ch. and Sec.
1-
Failure to correct a Public
Health Nuisance
Ch.111
Sec. 123
Failure to Correct a viola-
tion of Title 5 State
Fnvi rnnmen Yal CndA
310 CMR
1$.00&1$.02
3.
4
COURT USE
ONLY---■
I A hearing upon this complaint application Ii DATE OF HEARING TI MB OF HEARING
will be held at the above court address on f AT
COURT USE
4—ONLY
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM
J. Owner Of property,
person assaulted.etc.
DESCRIPTION OF PROPERTY
Goods stolen.what
destroyed.etc.
VALUE OF PROPERTY
Over or under
5100.
TYPE SUBSTANCE OR W A O
Merhan OR WEAPON
Manluana_gon_e.c.
)THER REMARKS: Mr. Heston has failed to correct a malfunctioning septic system on his
property at 19 Country Way, (N'ton Assessors Map 12, Lot 17 )
A copy of the certified Notice to correct the violation is attached. '
x
51GNA RE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION
OF BIRTH
— Complete da a below if known.
rTE
PLACE
OF BIRTH
SOCIAL SECURITY NUMBER
SEX
RACE
HEIGHT
WEIGHT
EVES
HAIR
AUPATION
EMPLOYERISCHOOL
MOTHERS NAMEIMAIDENI
FATHERS
NAME
+ COURT USE ONLY +
DATE
DISPOSITION
AUTHORIZED BY
NO PROCESS TO ISSUE
At request of complainant
❑ Complainant failed to prosecute
❑ Insufficient evidence having been presented
y
PROCESS TO ISSUE TYPE OF PROCESS -
E Sufficient evidence presented ❑ Warrant
❑ Defendant failed to appear 7 Summons returnable
O
O
cc
S Continued to
0
oO
OMMENTS