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HomeMy WebLinkAboutCorrespondence - 100 OGUNQUIT ROAD 2/4/2016 I j • J • fir. 1 1 North Andover Health Department (ommunity Development Division Attorney Joe Keyes 289 Main St. North Reading,MA 01864 RE: Lot 2 Ogunquit Road,North Andover,Mass. Dear Attorney Keyes: This letter is to confirm that the septic plan approved in May 2, of 2008 for Lot 2 Ogunquit Road has not expired, and has a valid approval for the purpose of installing a septic system on the lot as drawn on the plan, until April 12, 2015. If you have any questions,please contact the Health Office. Sincerely, Michele Grant Health Inspector Cc: Peter Breen, owner Page 1 of 1 North Andover health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978,688.8476 I r North Andover Health Department I Community Development Division December 2,2010 John Morin, PE 447 Old Boston Road Topsfield,MA 01983 RE: Section 173 of Chapter 240 of the Acts of 2010 affecting Lots 1, 6 Ogunquit Road Dear Mr. Morin: The Health office has received your inquiry regarding the septic system approvals for the above mentioned lots. This letter is to confirm that these approvals are extended until two years from the extension dates listed in your letter, into the year 2013. As you described,this extension is due to the legislative approval of the Economic Development Reorganization Bill,rather than a vote from the Board of Health. Please note that during such time of construction it is expected and required that these areas will be protected and remain in an unaltered condition. If at a later date it is determined that this requirement is violated,the site will be in non-compliance, which could terminate the previous plan approval. This activity would also be in violation of 15.204 (1) as the construction is"not in compliance"with"terms and conditions"of this local Approving Authority's approval. If you have any questions regarding this correspondence please contact the Health Office. Sincerel , r w� A) usan Sawyer ealth Director cc: Peter Breen, owner 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com y . `Ihe -Morin Neve Group, Inc. f i November 23, 2010 T '-H ANI) i Ms. Susan Sawyer, Health Director Board of Health 1600 Osgood Street North Andover, MA 01845 Re: Lot 2, 100 Ogunquit Road Owner/Applicant: Peter &Kerry Breen Dear Ms. Sawyer: On May 2, 2008 you approved the sanitary disposal system design for the above referenced property, which is due to expire on May 2, 2011. As you.know,,the Economic.Development Reorganization Bill, which was approved in August 2010, extended`'eertain permits in existence between August 2008 and August 2010; a septic approval.is one of those permits. Therefore, it is our understanding this permit is extended until May 2, 2013. Please confirm that this septic approval is hereby extended until May 2, 2013. If you have any questions please do not hesitate to contact our office. Sincerely, THE NEVE-MORIN GROUP, INC. /14. AA John M. Morin, PE President, CEO rIvIM/krrmm cc: Peter& Kerry Breen.. . F:\KATHYM\Breen 684\Lot 2WABH Septic Permit Ext Act Ltr.doc ENGINEERS SURVEYORS ENVIRONMENTAL CONSULTANTS ® LAND USE PLANNERS 447 Old Boston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 Providing Professional Services Since 9978 www.nevemorin.com The Neve -Morin Group, Inc. f 0V L TOWN OR NOR7°H ANDOVER November 23, 2.010 HEALTH DEPARTMENT Ms. Susan Sawyer, Health Director Board of Health 1600 Osgood Street North Andover, MA 01845 Re: Lot 6, 85 Ogunquit Road Owner/Applicant: Peter& Kerry Breen Dear Ms. Sawyer: On March 19, 2007 you approved the sanitary disposal system design for the above referenced property, which,was,due.to,expire.on March 19, 2010 As you know, the Economic Development Reorganization Bill,"which was approved in August 2010, extended,certain permits in existence between August 2008 and August 2010; a septic approval is one of those permits. Therefore, it is our understanding this permit is extended until March 19;.2012. Please confirm that this septic approval is hereby extended until March 19, 2012. If you have any questions please do not hesitate to contact our office. Sincerely, THE NEVE-MORIN GROUP, INC. John M. Morin, PE President-, CEO JMM/lcmm. cc: Peter&:Kerry.Breen F:\KA:rHYM\Breen684\Lot6W4PH Permit,Ext Act Ltr.doc . ENGINEERS ®-SURVEYORS ® ENVIRONMENTAL CONSULTANTS ® LAND USE PLANNERS 447 Old Boston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 Providing Professional Services Since 1978 www.nevemorin.com The -Morin Neve Grou Inc. r wi �,, ANDOVER P� I>> AL H* ,, 7 i" $rM N1` November 23, 2010 Ms. Susan Sawyer, Health Director Board of Health 1600 Osgood Street North Andover, MA 01845 Re: Lot 1, 70 Ogunquit Road Owner/Applicant: Peter& Kerry Breen Dear Ms. Sawyer: On March 18, 2008 you approved the sanitary disposal system design for the above referenced property, which-was:-due to expire on March 18, 2010 and was extended by your Board until March 18,2011. As you know, the Economic Development Reorganization Bill, which was approved in August 201`0;' extended certain permits in existence between August 2008 and August 2010; a septic approval is one of those permits. Therefore, it is our understanding this permit is extended until March 18, 2013. Please confirm that this septic approval is hereby extended until March 18, 2013. If you have any questions please do not hesitate to contact our office. Sincerely, THE NEVE-MORINT GROUP, INC. John M. Morin, PE President, CEO JMNUkmm cc: Peter& Kerry Breen F:\KATHYM\Breen;684\L,ot1\NABH Septic.permit Ext Act Ltr.doc ENGINEERS SURVEYORS e ENVIRONMENTAL CONSULTANTS ® LAND USE PLANNERS 447 Old Boston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 Providing Professional Services Since 1978 www.nevemorin.com 1 The Neve -Mor.111, GrO tI ), Inn. RECER j November 23, 2010 "TOWN OP NORTH ANDOVER HEAL,°I H DEPARPI\EW Ms. Susan Sawyer, Health Director Board of Health 1600 Osgood Street North Andover, MA 01845 Re: Lot 2, 1.00 Ogunquit Road Owner/Applicant: Peter& Kerry Breen Dear Ms, Sawyer: On May 2, 2008 you approved the sanitary disposal system design for the above referenced property,which is due to expire on May 2, 2011. As you know, the Economic Development Reorganization Bill, which was approved in August 2010, extended certain permits in existence between August 2008 and August 2010; a septic approval.is one of those permits. Therefore, it is our understanding this permit is extended until May 2, 2013. Please confirm that this septic approval is hereby extended until May 2, 2013. If you have any questions please do not hesitate to contact our office. Sincerely, THE NEVE-MORIN GROUP, INC. r1q , John M. Morin, PE President, CEO JMM/lcmm c. . Peter,& Kerry.Breen FAKATHYM\Breen 684\Lot 2\NABH Septic Permit Ext Act Ltr.doc ENGINEERS @ SURVEYORS o ENVIRONMENTAL CONSUL_'TANT-S LAND USE PLANNERS 447 Old Boston Road (L.J.S. Rortte 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 F'rvvidincd Professional Services Since 1978 www.nevernorinxorn I ext for SR2582 of 2009-2010 Session ..eport of the committee of conference on the disagreeing votes of the two branches,with reference to the House amendments to the Senate Bill relative to economic development reorganization t Prime sponsor: Conference Committee AN ACT RELATIVE TO ECONOMIC IDEVELf3PA ENT REORGANIZATION, ,i�mmummlm� ��uuummiou!mUUUUUOimmuuumumm000mioumommmimummmimmmu�mmallmnmmm�mumumimomimmmummmimuummmmmmmmimmuuuuumwmmimmouuummm�mmiomm�w Whereas, The deferred operation of this act would tend to defeat its purpose,which is to provide forthwith a business friendly environment that will stimulate job growth and Improve the ease with which businesses can operate in the markets they serve,and to coordinate economic development activities funded by the commonwealth,therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, Arid by the authority of the same, as follows: SECTION 173.Notwithstanding any general or special law to the contrary,certain regulatory approvals are hereby extended as provided in this section. (a)For purposes of this section,the following words shall,unless the context clearly requires otherwise,have the following meanings: "Approval" except as otherwise provided in subsection(b),any permit, certificate,order,excluding enforcement orders, license, certification, determination,exemption,variance,waiver, building permit, or other approval or determination of rights from any municipal,regional or state governmental entity, including any agency, department., commission,or other instrumentality of the municipal,regional or state governmental entity, concerning the use or development of real property, including certificates,licenses, certifications, determinations,exemptions, variances,waivers,building permits,or other approvals or determination of rights issued or made under chapter 21 ,chapter 21A excepting section 16,chapter 21D , sections 61 to 62H, inclusive, of chapter 30 , chapters 30A,40,40A to 40C,inclusive,40R,41,43D,section:21 of chapter 81, chapter 91 , chapter 131 ,chapter 131A,chapter 143 , sections 4 and 5 of chapter 249 , or chapter 258 ,of the General Laws or chapter 665 of the acts of 1956,or any local bylaw or ordinance. "Development", division of a parcel of land into 2 or more parcels,the construction, reconstruction,conversion, structural alteration,relocation or enlargement of a building or other structure or facility,or any grading,soil removal or relocation,excavation or landfill or any use or change in the use of any building or other structure or land or extension of the use of land. r DW ZO i "Tolling period",the period beginning August 15,2008,and continuing through August 15,2pfl. immimoum..immmmlummmm ,,m wu mmmmm�w uuuumi mumimmmuuummioi muu mouumuuuoum mu mw w i�mn oiiom m UUmmmmmuumi muuo�immmimumuuuumoii�i (b) (1)Notwithstanding any general or special law to the contrary, an a roval in effect or existence durin the tolling period shall be extended fora eriod of� ears in addition to the lawful term of the approval. (2)Nothing in this section shall be deemed to xtend or purport to extend: (i)a permit or approval issued by the government of the United States or an agency or instrumentality of the government of the United States or to a permit or approval,of which the duration of effect or the date or terms of its expiration are specified or determined by or under law or regulation of the federal government or any of its agencies or instrumentalities; 00 a comprehensive permit issued by a board of appeals under sections 20 to The Permit Extension Act Page 1 of 4 Co�, _�_u r I V-)0"l 41-1 t . 44, 4) The Official Websde of the Executive Office of Housing and Economic Development(EOHED) y Housing and Economic , . Development a Home > Initiatives> Executive Office of Housing and Economic...> MPRO> The Permit Extension Act The Permit Extension Act Frequently Asked Questions-Updated September 18,2012 This page provides answers to frequently asked questions about the permit extension act as it affects permits issued by state agencies.It is not intended to provide guidance with respect to permits issued by a municipality. WHAT IS THE PERMIT EXTENSION ACT? The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012.The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property.With limited exceptions,the Act automatically extends,for four years beyond its otherwise applicable expiration date,any permit or approval that was"in effect s or existence"during the qualifying period beginning on August 15,2008 and extending through August 15,2012. WHAT TYPES OF APPROVALS ARE INCLUDED IN THIS ACT? The Act applies to regulatory approvals issued by local,regional or state entities that concern the use or development of real property. "Approval' is defined broadly to include any permit,certificate,license,certification,determination,exemption,variance,waiver,building permit,or other approval or determination of rights,and any order,except for enforcement orders. DOES THIS EXTENSION APPLY ONLY TO STATE-ISSUED PERMITS? No,this extension applies to all qualifying permits issued by any municipal,regional,or state entity. THE ACT REFERS TO A LIST OF STATUTES.DOES THE ACT COVER APPROVALS UNDER OTHER STATUTES? Yes.While the definition of"Approval'includes a particular list of statutes,it is not an exclusive list of all statutes affected by this Act.As such,the Act applies to all regulatory approvals concerning the use or development of real property,except those expressly exempted. ARE ANY TYPES OF APPROVALS EXEMPTED FROM THIS STATUTE? Yes.The following approvals are expressly exempted and therefore are NOT covered by the Act: • Permits or approvals issued by the Federal government,or by a state agency issued pursuant to federal law • Permits issued under sections 20 to 23 of Chapter 40B • Hunting,fishing and aquaculhue approvals issued by the Division of Fisheries and Wildlife under Chapter131 • Enforcement orders. ARE PRE-DEVELOPMENT ACTIVITIES CONSIDERED APPROVALS? No.Use or development of real property concerns buildings or structures,or site work specifically associated with the development of buildings or structures,rather than pre-development activities such as oil or hazardous material cleanup,Even though such actions may be deemed a precondition to making real property suitable for use or development,pre-development activities that are independently undertaken outside of the context of a larger development project are not covered by the Act. DOES THIS STATUTE APPLY TO PROPERTY RIGHTS GRANTED TO THIRD PARTIES TO USE STATE OWNED PROPERTIES? No.The Act does not apply to the property rights issued by the Commonwealth in its role as a landowner and as such does not apply to easements, leases,licenses for the use of property(except to the extent that a license may authorize the use or development of property,such as in the case of a license issued under Chapter 91 or a curb cut permit),and/or conservation or agricultural restrictions. IS THE 4 YEAR EXTENSION AUTOMATIC? Yes.The four year extension authorized by the Act is automatic,meaning it occurred by operation of law. Neither the permit holder nor the issuing agency needs to take action to implement the extension. DOES A PERMIT OR APPROVAL EXTENDED BY THE ACT REQUIRE ANY FURTHER REVIEW? No,unless the permit or approval by its terms called for such further review when in effect during the qualifying period.Permits or approvals issued prior to the qualifying period and in effect at any time during the qualifying period,and permits or approvals issued during the qualifying period have completed review and are valid for four additional years from the original date of expiration. WHAT IS THE NEW EXPIRATION DATE? The new expiration date is four years from the date that otherwise marked the end of the lawful term of the permit or approval.For example,a permit that expired on September I,2009 is now revived and will expire on September 1,2013. ARE ISSUING AGENCIES REQUIRED TO ISSUE WRITTEN NOTICES OF EXTENSION TO APPROVAL HOLDERS? http://www.mass.gov/hed/economic/eohed/pro/zoning-laws/permit-extension-act.html 3/17/2014 t,oR TH q,! Q �SI.EU ar "1/ bL O o Coe IC lw«« 1 `�ATEOust /i� CH PUBLIC HEALTH DEPARTMENT Community Development Division May 2, 2008 Peter and Derry Breen 770 Boxford Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan for lot 2 (100) Ogunquit Road, map 90A, Parcel 76, North Andover, MA Dear Mr. and Mrs. Breen, The North Andover Board of Health has completed the review of the septic system design plans, for the above referenced property. These plans dated October 1, 2007, received January 30, 2008, final revision dated April 12, 2008 have been approved for a five (5)bedroom, maximum eleven-room home. In accordance with local subsurface disposal regulations "Acceptable plans and any variances shall expire two years from the date approved unless construction on the lot has begun". During this time a licensed septic system installer must obtain a permit and complete this work, and a Certificate of Compliance must be endorsed by the installer, designer and the Town of North Andover. I. Prior to receiving a building permit, the applicant must provide complete floor plans of the new home. Including basement and attic. 2. Prior to receiving a Disposal Works Construction permit,the applicant must provide a foundation plan in I" = 20' scale to overlay on the septic plan. 3. If site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation, the originally issued Disposal System Construction Permit is void, installation shall stop, and the applicant shall reapply for a new Disposal Systems Construction Permit (3 10 CMR I5.020(I)). 4. It is the responsibility of the applicant and/or the applicant's septic system designer, septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission, Zoning Board, Planning Board, Building Inspector,Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com shall not construe and/or imply compliance with any of the aforementioned requirements. Your effort to provide a properly functioning septic system for your dwelling is greatly appreciated. The Health Department may be reached at 9 75-688-9540 with any questions you may have. Sincerely, Susan Y. Saw er, R�HS Public Health Director Lncl: list of licensed septic system installers Cc: The Neve Morin Group 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com tAoRrN r iL O coc«i...... 1' R sS AC H U �y PUBLIC HEALTH DEPARTMENT Community Development Division February 26, 2010 Peter Breen 770 Boxford Street North Andover, MA 01845 RE: Lot 1, Ogunquit Road - North Andover,MA—Man 90A, Lot 77 Dear Mr. Breen, The North Andover Board of Health made a decision at the February 25, 2010 Board of Health meeting regarding the above. A. Lot 1 Ogunquit Road—Request from John Morin of Neve Morin Group,Inc. for a one year extension of the approved septic plan until March 18,2011. Property Owner: Peter Breen Motion ➢ A motion was made by Dr. MacMillan to approve the extension for the validity of the already approved septic plan. The motion was seconded by Mr. Fixler. ➢ The septic plan for Lot l Ogunquit Road will be valid until March 18, 2011 and after such time will be considered expired, and a new septic plan submission must be submitted to the Health Department for approval. The original letter of approval was issued on March 18, 2008. Your effort to provide a properly functioning septic system for your future dwelling is greatly appreciated. The Health Department may be reached at 978.688.9540 with any questions you may have. Sincer ly, r f Michele E. Grant . Public Health Inspector Cc: Neve Morin &Associates—attn.- John@neven?orin.corn and Kathygnevemorin.coil? Attach:Septic Approval Letter dated March 18, 2008 to Peter &Kerry Breen re: Lot I Ogunquit Road 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com FORTH O �YLED �/V 61 O rED 4 COCMICH�WKM y1' �9SSACHUS���y PUBLIC HEALTH DEPARTMENT Community Development Division March 18,2008 Peter&Kerry Breen 770 Boxford Street North Andover,Ma 01845 RE: Septic System Design; Lot 1 70 Ogunguit Road Man 90A Lot 77 Dear Mr.&Mrs. Breen, The North Andover Board of Health has completed the review of the septic system design plans,for the above referenced property,submitted on your behalf by Neve-Morin Group, Inc.,dated October 1,2007.We are pleased to inform you that this plan has been approved. This plan is valid for two years from the date of this approval. The design has been approved for use in the construction of an onsite septic system for a 5-bedroom house(maximum 10- room). During this time,a licensed septic system installer must obtain a permit and complete this work,and a Certificate of Compliance be endorsed by the installer, designer and the Town of North Andover. This approval is subject to the following conditions: 1. If site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation,the originally issued Disposal System Construction Permit is void,installation shall stop, and the applicant shall reapply for a new Disposal Systems Construction Permit. 2. It is the responsibility of the applicant and/or the applicant's septic system designer,septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission,Zoning Board,Planning Board, Building Inspector,Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit shall not construe or imply compliance with any of the aforementioned requirement. Your effort to provide a properly functioning septic system for your dwelling is greatly appreciated. The Health Department may be reached at 978-688-9540 with any questions you may have. /Sincere , Susan Y. Sa er,RE /RS Public Health Direc or Encl: list of licensed septic system installers Cc: Neve-Morin Group 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com The Permit Extension Act Page 2 of 4 i No.The Act does not require issuing agencies to provide written notice of extension and an approval holder does not need written notice of extension of its permit or approval.However,an issuing agency may post a general notice of the Act on its website and may issue a standard notice of extension eligibility to approval holders who request a document for financing or other purposes. DOES THE ACT APPLY TO BUILDING PERMITS? f Yes.Any building permit issued or in effect between August 15,2008 and August 15,2012 has been extended by four years from the date on which the pennit was otherwise set to expire. i DOES THE ACT APPLY TO MASSACHUSETTS ENVIRONMENTAL POLICY ACT(MEPA)DECISIONS,CERTIFICATES OR WAIVERS? Yes. Certificates issued pursuant to MEPA are specifically listed in the definition of"Approval"included in the Act. Therefore,Certificates that were issued or were in effect between August 15,2008 and August 15,2012 will have four additional years before a"Lapse of Time"will have occurred triggering either a Notice of Project Change or a new Environmental Notification Form(See 301 CMR 11.10). ASIDE FROM THE 4 YEAR EXTENSION,HAS THE PERMITTING OR CONSTRUCTION PROCESS OTHERWISE BEEN CHANGED BY THE ACT? No. WHAT IF I SUBMITTED AN APPLICATION FOR A PERMIT DURING THE QUALIFYING PERIOD,BUT IT WAS NOT ISSUED UNTIL AFTER THE PERIOD HAD PASSED? The permit does not qualify for extension.The Act only extends permits that were issued or already in effect at any point(e.g.,even for one day) during the qualifying period. WHAT IF A PERMIT WAS ISSUED BY A BUILDING OFFICIAL DURING THE QUALIFYING PERIOD,BUT NEVER PICKED UP BY THE APPLICANT? If the permit was issued and never revoked,it qualifies for the extension regardless of whether it was ever picked up. WHAT IF I RECEIVED A PARTIAL BUILDING PERMIT DURING THE QUALIFYING PERIOD,BUT NOT A PERMIT FOR THE REST OF THE PROJECT? Only the permit that was issued or was already in effect is eligible for the four year extension.For instance,if a foundation permit was issued during the qualifying period,but other permits for the remainder of the project were issued outside of the qualifying period,only the foundation permit is extended.No approvals or permits that were not either issued or already in effect during the qualifying period are eligible for automatic extension. DOES THE ACT APPLY TO A PERMIT THAT EXPIRED DURING THE QUALIFYING PERIOD? Yes,the Act revives and extends any permit or approval that was valid during the qualifying period of August 15,2008 through August 15,2012, 1"For instance,a permit that expired on July 1,2009 is now revived and set to expire on July 1,2013. DOES THE ACT APPLY TO A PERMIT OR APPROVAL THAT WAS NOT DUE TO EXPIRE UNTIL AFTER THE QUALIFYING PERIOD? Yes. The Act provides an additional four years to the original`lawful term of the permit"or approval. If a permit or approval was due to expire on p1„µ ber 1,2011,it will now automatically expire on September I,2015. �e em ,,.., .... DOES THE ACT APPLY TO A PERMIT THAT HAD AN EXPIRATION DATE THAT FELL WITHIN THE QUALIFYING PERIOD BUT HAS BEEN ADMINISTRATIVELY CONTINUED PAST AUGUST 15,2012,PURSUANT TO A TIMELY APPLICATION FOR RENEWAL? Yes. The Act applies to any permit or approval valid during the qualifying period and extends the permit or approval four years in addition to the "lawful term of the approval.” DOES THE ACT EXTEND THE TERM OF A PERMIT THAT WAS REVOKED DURING THE QUALIFYING PERIOD? No.The Act applies to permits or approvals that were"in effect or existence"during the qualifying period.Any permits or approvals that were revoked during the qualifying period were not in effect or existence for the purposes of this Act.The Act expressly preserves an issuing agency's authority to suspend or revoke an approval in accordance with the terms of approval itself,or the authorizing statute or regulations. DOES THE ACT APPLY TO A PERMIT THAT EXPIRED PRIOR TO THE QUALIFYING PERIOD,BUT WHICH HAD BEEN EXTENDED BY THE ISSUING AGENCY? Yes,provided the extension resulted in the permit being"in effect"during the qualifying period;if the permit application was pending but not granted during the qualifying period it was not"in effect or existence"for purposes of the Act.For example,a permit that was set to expire on January 31,2007,but which was lawfiilly extended for three years by the issuing authority(until January 31,2010),would now be set to expire on January 31,2014. IF MY PERMIT WAS EXTENDED BY THE AGENCY DURING THE QUALIFYING PERIOD,SUCH THAT I HAD TWO VALID PERMITS FOR THE SAME PROJECT,ARE BOTH EXTENDED? While both permits may technically be extended,they would run concurrently,such that the four year extension on the second permit would be the controlling and relevant deadline.For example,if your permit were due to expire on August 15,2009,and you applied for and received a one year extension until August 15,2010,your new permit deadline would be August 15,2014. CAN AN AGENCY REVOKE OR SUSPEND A PERMIT OR APPROVAL TO AVOID THE 4 YEAR EXTENSION? No.An issuing agency must have an independent reason authorized by the terms of the permit,the statute or the regulation to revoke or to suspend a permit. DOES THE ACT REVIVE PERMITS THAT EXPIRED DURING THE QUALIFYING PERIOD WHERE A REQUEST FOR AN EXTENSION OR RENEWAL WAS ALREADY DENIED? Yes. The Act only preserves certain rights of an agency to suspend or to revoke an approval.Even if an extension had been previously denied,the permit or approval is revived by the Act. However,a permitting authority retains its rights to revoke or modify a permit to the extent authorized permitted by the underlying permit,statutory or regulatory authority. http://www.mass.gov/hed/economic/eohed/pro/zoning-laws/permit-extension-act.html 3/17/2014 tAORTH ,e q+ 6 A O COLHL Mt WKK 1' �SSACHUS�� PUBLIC HEALTH DEPARTMENT Community Development Division May 2, 2008 Peter and Derry Breen 770 Boxford Street North Andover, MA 0184.5 RE: Subsurface Sewage Disposal System Plan for lot 2 (100) ®gunquit Road, map 90A, Parcel 76, North Andover, MA Dear Mr. and Mrs. Breen, The North Andover Board of Health has completed the review of the septic system design plans, for the above referenced property. These plans dated October 1, 2007, received January 30, 2008, final revision dated April 12, 2008 have been approved for a five (5) bedroom, maximum eleven-room home. In accordance with local subsurface disposal regulations "Acceptable plans and any variances shall expire two years from the date approved unless construction on the lot has begun". During this time a licensed septic system installer must obtain a permit and complete this work, and a Certificate of Compliance must be endorsed by the installer, designer and the Town of North Andover. I. Prior to receiving a building permit, the applicant must provide complete floor plans of the new home. Including basement and attic. 2. Prior to receiving a Disposal Works Construction permit, the applicant must provide a foundation plan in I" =20' scale to overlay on the septic plan. 3, If site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation, the originally issued Disposal System Construction Permit is void, installation shall stop, and the applicant shall reapply for a new Disposal Systems Construction Permit (3 10 CMR 15.020(1)). 4. It is the responsibility of the applicant and/or the applicant's septic system designer, septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission, Zoning Board, Planning Board, Building Inspector, Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com shall not construe and/or imply compliance with any of the aforementioned requirements. Your effort to provide a properly functioning septic system for your dwelling is greatly appreciated. The Health Department may be reached at 978-688-9540 with any questions you may have. Sincerely, Susan Y. Saw, er, REHS/ Public Health Director Encl: list of licensed septic system installers Cc: The Neve Morin Group 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com f ,AORTH q SSACHUS Health Department March 18,2008 Mr.John M.Morin P.E. Neve-Morin Group,Inc. 447 Old Boston Road Topsfield,MA 01983 Re:Sanitary Disposal System Design Plan for Lot 2—100 Ogunguit Road Map 90A, Lot 76 Dear Mr. Morin: The proposed wastewater system design plan for the above site dated October 1,2007 and received on January 30, 2008 has been reviewed. Unfortunately,the plan cannot be approved until the following items are corrected. The specific section in Title 5:310 CMR 15.000, or North Andover(NA)regulation that has not met by this design follows each item for your convenience. 1. Using the theoretical ESHGW gradient and the elevations specified in the design for the primary tank it appears that the tank has been placed well below the ESHGW for its current location. Please provide a minimum of 12" from the outlet of the tank to the ESHGW(227(5)) 2. Please provide buoyancy calculations for the primary tank if any portion lies within the theoretical ESHGW gradient(221(8)) 3. Please specify a riser on the distribution box to within six inches of final grade(232(3),221(13),228(1)) Please feel free to contact the office with any questions you may have. We look forward to working with you to obtain a wastewater treatment and dispersal system which will be in compliance with all regulations and assure protection of public health and the environment of North Andover. Sincere]Y Sawyer, HS/RS Public Health Director cc: Owner File 1600 Osgood Street HEALTH DEPARTMENT Page 1 of 1 Building 20;Suite 2-36 E-Mail: healthdept @townofnorthandover.com North Andover, MA 01845 Phone:978.688.9540 Fax:978.688.8476 '111e i Neve .Morin Groh-tp jI1C. April 15 2008 E"- °" ( D uW Ms. Susan Y. Sawyer, REHS/RS APR' 2 8 2008 P IOWN OF NOR Hi ANDOVER ublic Health Director N-1 1_..�....DEPAR HME N F 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 Re: Sanitary Disposal System Design Plan for Lot 2— 100 Ogunquit Road, Map 90A, Lot 76 Dear Ms. Sawyer: We received your letter, dated March 18, 2008, regarding the sanitary disposal system design submitted for the above referenced property and we have revised the design based on your comments (attached). Using a groundwater gradient we have raised the septic tank so that the inlet and outlet of the proposed septic tank are at least 12 inches above the estimated seasonal high ground water elevation. We have also raised the invert at the foundation and modified the run from the septic tank to the distribution box. In addition we have provided buoyancy calculations and a note specifying that a riser be installed on the distribution box to within 6 inches of finish grade as requested. If you should have any questions regarding this information, or require any additional information,please do note hesitate to contact our office. Sincerely, THE NEVE-MORIN GROUP, INC. -/'�/2-.,/a 4.w/t� I Greg J. Hochmuth, RS Environmental Planner GJH/kmm Attachment CC: Peter& Kerry Breen FAKATHYMBreen 6841Lot 21NABH Rev SSD.doc ENGINEERS @ SURVEYORS ENVIRONMENTAL CONSULTANT'S 0 LAND USE PLANNERS 447 Old Roston fioad M.S. Route 1),Topsfield, IAA 01983 978-887-8586 FAX 978-887-3480 i Proviclir79 Professional Services Since 1978 wuuw.r7 eve m c7 d n.co rrr 1 I Th.e /( v -Morin Gro u o, Inc May 14, 2007 Susan Sawyer, R.S./R.E.H.S. NANY 17 2007 Health Director North Andover Health Department rOWN, , L V, ni N G'VER, 1600 Osgood Street, Bldg. 20, Suite 2-36 '" North Andover, MA 01845 Re: Lot2, 100 Ogunquit Road (Map 90A, Lot 76) Owners: Peter &Kerry Breen Dear Mrs. Sawyer: In accordance with 310 CMR 15.018 — Function of Soil Evaluators, please find enclosed copies of the soil evaluation forms for the soil testing which were conducted at the above-referenced property on May 10, 2007. If you should have any questions regarding any of this information please do not hesitate to contact our office. Sincerely, THE NEVE-MORIN GROUP, INC. ,4 i Greg Hochmuth, R.S. j Environmental Sanitarian Enclosures ENGINEERS ° SURVEYORS a ENVIRONMENTAL CONSULTANTS LAND USE PLANNERS 447 Old Roston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 Providing Professional Services Since 1978 www.nevernorin.com