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HomeMy WebLinkAboutLegal Document - 143 LACY STREET 12/18/2013 North Andover Health Department Community Developinent Division December 18,2013 ' Stephanie and John O'Mahony 143 Lacy Street North Andover, MA 01845 Re: Request for variance follow up Dear Mr. and Mrs. O'Mahony, This correspondence is in regard to a variance that was granted at a regularly scheduled meeting of the Board of Health on August 25, 2011 as follows; Motion: Mr. Pease made a motion to grant variances to two sections of the Town of North Andover Board of Health Well Regulation: Section 3.1 and 3.2. This variance allows: (3.1)the location of the well that will service lot 5B-1(site of proposed bard structure) is to be maintained at Lot 6A and, 143 Lacy Street, and (3.2)the commonly shared well will service two buildings. These variances are approved by the Board of Health and will remain in effect as long as the properties, as stated, are maintained under their current and common ownership by Stephanie and Jolv-r O'Mahony, and the barn property is restricted for the occupation of animals only. These variances will be recorded as an attachment to both properties; deeds. The motion was seconded by Dr. MacMillan. All were in favor. I apologize for bringing up this old issue so late,but upon a recent review of files that had remained in our active files with open issues, it was noted that there were no copies of these deed recordings. To complete this file, please provide the documents so we can properly document compliance to the Board of Health's motion. Thank yob, Sus n Sawyer R"S/REIP"" Public Health Directo "/ 1600 Osgood Street,Bldg 20 Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.tovrnohorthandover.com , North Andover Health Department Community Development Division Notice of Decision Date of Decision: August 25, 2011 Stephanie and John O'Mahony 143 Lacy Street North Andover, MA 01845 Re: Variance to the N. Andover Board of Health Well Regulation; section 3.1 and 3.2 Premise affected: Map 105 D, Parcels 168,169,170 and Map 105D parcel 167. A variance has been granted at a regularly scheduled meeting of the Board of Health on August 25, 2011 as follows; The general purpose proposed is to utilize the existing potable water well, located at 143 Lacy Street, for dual purposes; to service the dwelling needs at 143 Lacy and also the needs of the newly built barn on the adjacent property. Motion: Mr. Pease made a motion to grant variances to two sections of the Town of North Andover Board of Health Well Regulation: Section 3.1 and 3.2. This variance allows: (3.1) the location of the well that will service lot 5B-1(site of proposed bard structure) is to be maintained at Lot 6A and, 143 Lacy Street, and (3.2)the commonly shared well will service two buildings. These variances are approved by the Board of Health and will remain in effect as long as the properties, as stated, are maintained under their current and common ownership by Stephanie and John O'Mahony, and the barn property is restricted for the occupation of animals only. These variances will be recorded as an attachment to all affected property deeds. The motion was seconded by Dr. MacMillan. All were in favor. COMMONWEALTH OF MASSACHUSETTS Tha ""'you, ) �,. c the Then forFe coin alinstrument p a o be,liis or her f���lc�d deed the the ree Applicant or 1i8 its deed of the authorized'ank-a efor and acknowledge pp y e me. 11 usan wyer, � ��� IJ N fl� P'E My Commissions Expires RS HS Notary Public ,a W)PA )tvrt)c)i)G Public Health �; ,� u�))�dtE,raw��tru�araenr,.,nc,r�usk,Pr� < " Director htplr ��r� S1,<'�ps t �1 ... 1600 Osgood Street,Bldg 20 knit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Noirth Andover Board of Health Meeting Minutes Thursday, At,i ust 25, 2011 7:00 P.M. 120 Main Street,2°d Floor Selectmen's Meeting Room North Andover, NIA 01845 Present: Thomas Trowbridge,Frank MacMillan,Ed Pease. Also present was Susan.Sawyer,Debra Rillahan and Pamela DelleChiaie I. CALL TO ORDER A. The meeting was called to order by Thomas Trowbridge,Chairman,at 7:04 p.m. II. PUBLIC HEARINGS III. APPROVAL OF MINUTES A. July 28,2011 Minutes presented for signature were not signed, Mr.Pease presented some written edits,and Larry Fixler, Clerk was not present for signature. Minutes will be signed at the September meeting. All were in favor, IV. OLD BUSINESS V. NEW BUSINESS A. 143 Lacy Street—Variance Request—Consideration of a Variance request fi-om Stephanie and John O'Mahony to the local Well Regulations with regard to Section 3—Well Siting—Item 3,1 (Location of Well)and Item 3,2, (Separate Well for Each Building). Mr. O'Mahony spoke and provided a summary of the variance request to the Board of Health members. The O'Mahony's would prefer to install a water line from their current well at 143 Lacy Street rather than run a hose to give a more reliable water source to water and clean the animals. The barn is an unheated structure and a well would need expansion tanks and controls which would require a heated room which the barn will not have, The O'Mahony's submitted a letter from their original well installer,Charles M. Rollins Co.,Inc.. Mr.Rollins stated that the well at 143 Lacy Street was a very typical installation and that the well has plenty of water capacity. Statistics: the well installation was completed on July 3, 1989. It was 530 feet deep,33 feet to bedrock, 54 feet of 6 inch steel casing set,a static water level of 5 feet,6 inches,and produced 3 GPM. The pump is a 1 H.P.,3 wire,Goulds stainless steel submersible pump, set 500 feet on 1 inch 160 psi poly pipe,#10 submersible drop cable, 1 inch 160 psi offset pipe,and an Amtrol captive air pressure tank,model WX-250,installed May 15, 1995. A 6 inch well holds 1.5 gallons per foot in storage. This well has 750 gallons of storage above the pump,with a 3 GPM(180 gallons per hour,4,320 gallons per day). This well would have no trouble supplying the barn with water for animals. A plot plan showing the location of the structure,as well as a diagram of the area in which the pipes will be run to service water to the barn. A discussion ensued between the Board Members regarding the proper wording of the variance if it is granted.. August 25,2011 North Andover Board of Health Meeting—Meeting Minutes Page I of 3 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Questions were raised if there are different homes sharing the water supply,and there is a sufficient water supply,does it matter if it is a barn or a house? Ms. Sawyer stated that the state guidelines and model regulations do not specifically address this issue. However,Ms. Sawyer suggested that the Board consider that the variance should state that if the lots are sold in the future,that each owner must install a separate well for their own properties to avoid any conflict, and to comply with the well regulations. Mr.Pease stated that it appears that the well has the capacity to handle the water supply needed based on the projected use. Dr. Trowbridge stated that stated that the wording can indicate that the shared well usage will sever at the point of sale. Mr.Pease stated that the well could supply water to the barn as long as it stays as a barn. When there is a change of use,and/or there is another structure built on it,the new owner must comply with the well regulations. Dr.Trowbridge stated that at the practical level for the Board of Health,that they should state that if there is a change in the use of a structure that the variance would be null and void. Ms. Sawyer states that any prospective property owner would need to secure an occupancy permit from the Building Department if they plan to occupy a structure. Dr.Trowbridge notes this area is flat land,and the proposed barn structure is being built from the ground up. Therefore,a decision would need to be made when the land is sold. Could a new owner continue the variance? Dr.MacMillan stated that if the Board of Health approves the variance,the approval needs to be contingent on the fact that there is a condition that the water supply to the barn is strictly to be used for a barn for the duration of the variance. Mr.Pease stated that any future buyer should exercise due diligence to fmd out the source of any properly water supply,and work out an agreement with the owners of the well at 143 Lacy Street(Lot 6A),or establish their own source of water supply. Ms. Sawyer stated that any maintenance and cost of running the well water supply would be the responsibility of the owners of 143 Lacy Street(Lot 6A). Motion Mr.Pease made a motion to grant variances to two sections of the Town of North Andover Board of Health Well Regulation; Section 3.1 and 3.2.This variance allows: (3.1)the location of the well that will service lot 5B-1 (site of proposed barn structure)is to be maintained at Lot 6A aka,143 Lacy Street,and(3.2)the commonly shared well will service two buildings.These variances are approved by the Board of Health and will remain in effect as long as the properties,as stated are maintained under their current and common ownership,by Stephanie and John O'Mahony,and that the barn property is restricted for the occupation of animals only. These variances will be recorded as an attachment to both properties' deeds.The motion was seconded by Dr.MacMillan. All were in favor. August 25, 2011 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 3 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,fiDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Use of Public Notification System Ms. Sawyer spoke about the use of the public notification system(reverse 911). Ms. Sawyer asked the Board of Health members to rethink the use of this current media outlet and to consider alternative media sources that would not alarm residents unnecessarily, Using the public notification system appears to cause widespread panic,and additional questions which ties up valuable staff time and prevents other important calls from coming through to the office. This is also a problem for the Police Department and the Town Clerk's office as well. As an alternative the Health Department would make this information available via cable,newspaper,website or some other venue. In addition,the verbal message seems to be too long for many of the people to capture all of the information,and as a result they call the office. One option to get updated information out to as many residents as possible is to publicize the news sign-up section on the town website. Dr.Trowbridge stated that the Health Department should continue the current protocol as has been followed this season as to iioc confuse the general public. The Health Department can then transition to a different method of publicizing important health information updates via other media venues as stated. There will be further discussion about the best methods to use to get necessary information out to as many people as possible in a timely manner. Dr.Trowbridge stated that he also would like to keep emotions calm instead of raising the ire of the public by issuing too many pre-cautions that are not necessarily life threatening,such as the option of leaving windows open or closed during spray treatment. Mr.Pease noted that we should make this subject a January 2013 agenda item. Dr.MacMillan also noted that at the same time,we need to remind the public of the deadlines and the spraying opt out option procedure that residents will need to follow. VII. ADJOURNMENT The Board of Health meeting was adjourned at 7:45 p.m. Reviewed bv: All Board of Health Members&Susan Sawyer, Health Director Signed by: September 22, 2011 Larry Fixler, Clerk of the Board Date Signed August 25, 2011 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 3 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant