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Home My WebLink About2016-06-28 CANCELLED Board of Health Packet i Town Clerk Crate/Time Stamp: mr rr ° EEU �� I Board/Committee Name: Board of Health Date: Tuesday,June 28,2016 Time of Meeting: 7:002.m. Location: North Andover Police Department Community Roam 1475 Osgood St. Signature: Y"naj a.. ✓`-Wxk'doe, oJ9.S., ✓ff.9, ./`3Y."mCd`ux✓Ma,e AGENDA I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS IV. APPROVAL OF MINUTES Meeting minutes from May 24,2016 to be presented for signature. V. OLD BUSINESS Discussion-FY 17 priorities VI. NEW BUSINESS Discussion-500 Boxford St.Lots I &2 VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please lzeep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. *A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Amend as necessary, not to exceed one page. Notice Distribution:Town Clerk;Not Andover Cable;Staff BOHMembers HEALTH DEPARTMENT:978-688-9540 Submitted for posting on:6/23/201610:06 AM �3�1 lover 1 East River Place co6�suftants Methuen, Massachusetts 01844 inc. Tel, (978) 687-3828 Fax (978) 686-5100 www,andoverconsultants.com May 31, 2016 Town of North Andover Board of Health 1600 Osgood St. North Andover, MA 01845 RE: Request for Variance Lot 1 and Lot 2 at 500 Boxford St. North Andover, Mass. Dear Members of the Board: This office represents the three individual owners of three lots at and adjacent to 500 Boxford Street. The owners are listed below: Michael Donovan RECEIVED 12 Johnson Street �tlr r North Andover, MA 01845 TOWN OF NORTH ANDOVER Thomas Donovan H&,\LTH DEPARTMENT 5000 Wheatridge Drive Fuquay-Varina, NC 27526 Cornelius J. Donovan 12 Trolley Car Lane Londonderry, NH 03053 The property in question has been in the Donovan family since 1946, when Cornelius and Catherine Donovan, parents of the current owners, purchased this site containing 5.24 Acres, more or less. In December of 1970, Catherine Donovan hired Stowers Associates to survey the land and subdivide it into 4 lots. The subdivision plan was endorsed by the Planning Board on April 4, 1977 and recorded at the Registry of Deeds on April 8, 1977. The plan showed Lots A, B, C and D and a copy of the plan is attached. Bill/Letters/Town of North Andover—500Boxford.doc Civil Engineers o Land Surveyors o Land Planners andover oonsultan''aS hq'c. Page 2 Town of North Andover On January 5, 1992, Catherine Donovan conveyed the lots to her children. Her daughter, Kathleen Garon, was deeded Lot A. Her sons, Michael Donovan, Thomas Donovan and Cornelius Donovan were deeded Lots B, C and D respectively. Each child had expectations of building a house on each of the lots. In fact, Kathleen built a house on Lot A. Over the years, since the land was subdivided in 1970, regulations have changed and become more restrictive. It is now impossible for any of the three brothers to build on their lot, primarily due to the North Andover Minimum Requirements for Onsite Wastewater Disposal Systems. Michael, Thomas and Cornelius Donovan are proposing to reconfigure their three individually owned lots into two new lots. Based on this new configuration we have completed percolation tests and test pits for the two lots and have designed subsurface sewage disposal systems. The designs comply with all of the requirements of Title 5 and also comply with the North Andover Minimum Requirements with the exception of the distance to a wetland resource area. Title 5 requires a 50 ft. setback from a wetland, for which we comply, but North Andover requires 100 ft. It is this section of the regulations that we request a variance. The applicants believe they qualify as seriously aggrieved parties and are eligible for a variance. Enforcement of the setback distance provisions in the local requirements would be manifestly unjust since it would render lot B, owned by Michael Donovan, and lot D, owned by Cornelius Donovan unbuildable. Lot C contains an abandoned dwelling and is owned by Thomas Donovan. Testing has been completed for two newly configured lots. During our field surveys and testing no soils or site conditions were noted that would be unique to the Town of North Andover. The conditions observed are similar to those we have seen in surrounding towns in the Merrimack Valley. Two systems have been designed to comply with Title 5 and all of the provisions of the North Andover Requirements with the exception of the distance to wetlands. On lot 1 we can provide 63 ft. and on lot 2 we can provide 65 ft. Enforcement of the 100 ft. setback distance would render lots B and D unbuildable and deprive Michael Donovan and Cornelius Donovan of all beneficial use of their property. J��c ndover j% N consuRants 1 \ Inc. Page 3 Town of North Andover By allowing the variance, the brothers can eliminate the existing abandoned house and it ancient septic system and only two dwellings will be built, with modern sewage disposal systems. We appreciate the consideration of the board in this variance request. Sincerely, ANDOVER CONSULTANTS I C. r _ William S. MacLeod, P.E., P.L.S. President WSM/an h ^cP 0 Q ` Ul VPfn 9' 0 a 59 $ Q N k � ¢tn¢ 0 e4R a dQpE �° � oiez6/ y h 0 / r /oo h 2S• ? /// � o 3 1� a Ada o, 2 i 5 Q Z L 4 F 2Q. 37.00 0 _ ! a O O hJ � k a� Q r; .N S P W 44- l O 0 n (y /N S/✓/v 0-L List of Abutters for Notification of Hearing before the North Andover Board of Health for a variance on 2 lots at 500 Boxford Street. (This list is a consolidation of 3 lists certified by the Assessor, eliminating duplicates and the applicants.) Page 1 of 2 MAP LOT# Name&Address 105.C/5 Brett Rodden 10 Duncan Drive North Andover, MA 01845 104.B/19 Seon Tae Jeong 50 Duncan Drive North Andover, MA 01845 104.B/56 Karen Mello 40 Duncan Drive North Andover, MA 01845 104.B/139 George Adams 1634 Salem Street North Andover, MA 01845 104.B/171 Paul Schmitt 28 Duncan Drive North Andover, MA 01845 104.B/174 Gary Wieman 88 Duncan Drive North Andover, MA 01845 104.B/188 Edward McGetrick 89 Duncan Drive North Andover, MA 01845 104.B/189 Paul Rabbit 75 Duncan Drive North Andover, MA 01845 105.C/9 &49 Elsie Pouliot 465 Boxford Street North Andover, MA 01845 List of Abutters for Notification of Hearing before the North Andover Board of Health for a variance on 2 lots at 500 Boxford Street. (This list is a consolidation of 3 lists certified by the Assessor, eliminating duplicates and the applicants.) Page 2 of 2 MAP/LOT Name &Address 105.C/22 Messina Development Co. Inc. 277 Washington Street Groveland, MA 01834 105.C/25 Lauren Cramer 537 Boxford Street North Andover, MA 01845 105.C/40 Linda Dean 7 Duncan Drive North Andover, MA 01845 105.C/80 Michelle Pouliot 525 Boxford Street North Andover, MA 01845 105.C/82 S&L Homes LLC 10-1 Middlesex Avenue Wilmington, MA 01887 105.C/26 Alexandre I<limenko 545 Boxford Street North Andover, MA 01845 105.C/27 Justin Motta 577 Boxford Street North Andover, MA 01845 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGM 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 105.0 41 Michael Donovan 12 Johnson Street,North Andover,MA 01845 Abutters Properties (Boxford Street) Map Parcel Name Address 1043 19 Seon Tae Jeong 50 Duncan Drive,North Andover,MA 01845 1043 56 Karen Mello 40 Duncan Drive,North Andover,MA 01845 1043 139 George Adams 1634 Salem Street,North Andover,MA 01845 1043 171 Paul Schmitt 28 Duncan Drive,North Andover,MA 01845 1043 174 Gary Wieman 88 Duncan Drive,North Andover,MA 01845 1043 189 Paul Rabbitt 75 Duncan Drive,North Andover,MA 01845 105.0 5 Brett Rodden 10 Duncan Drive,North Andover,MA 01845 105.0 9&49 Elsie Pouliot 465 Boxford Street,North Andover,MA 01845 105.0 22 Messina Development Co.lnc 277 Washington Street,Groveland,MA 01834 105.0 40 Linda Dean 7 Duncan Drive,North Andover,MA 01845 105.0 42 Thomas Donovan 5000 Wheatridge Drive,Fuquay-Varina,NC 27526 105.0 43 Cornelius Donovan 12 Trolly Car Lane,Londonderry,NH 03053 105.0 80 Michelle Pouliot 525 Boxford Street,North Andover,MA 01845 105.0 82 S&L Homes LLC 10-1 Middlesex Avenue,Wilmington,MA 01887 This CC-rtitie.c that the names appoarin ,w7j. ft t'ecorda of ffie AssesSo. I ffled ag of C ortified b ' Da.t6 v �/ Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoninq ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 105,C 42 Thomas Donovan 5000 Wheatridge Drive,Fuquay-Varina,NC 27526 Abutters Properties (Boxford Street) Map Parcel Name Address 1043 19 Seon Tae Jeong 50 Duncan Drive,North Andover,MA 01845 104.13 56 Karen Mello 40 Duncan Drive,North Andover,MA 01845 104.13 139 George Adams 1634 Salem Street,North Andover, MA 01845 104.13 171 Paul Schmitt 28 Duncan Drive,North Andover,MA 01845 104.13 174 Gary Wieman 88 Duncan Drive,North Andover,MA 01845 104.8 188 Edward McGetrick 89 Duncan Drive,North Andover,MA 01845 104.13 189 Paul Rabbitt 75 Duncan Drive,North Andover,MA 01845 105.0 9&49 Elsie Pouliot 465 Boxford Street,North Andover, MA 01845 105.0 22 Messina Development Co.lnc 277 Washington Street,Groveland,MA 01834 105.0 25 Lauren Cramer 537 Boxford Street,North Andover, MA 01845 105.0 40 Linda Dean 7 Duncan Drive,North Andover,MA 01845 105.0 41 Michael Donovan 12 Johnson Street,North Andover,MA 01845 105.0 43 Cornelius Donovan 12 Trolly Car Lane,Londonderry,NH 03053 105.0 80 Michelle Pouliot 525 Boxford Street,North Andover, MA 01845 105.0 82 S&L Homes LLC 10-1 Middlesex Avenue,Wilmington,MA 01887 This certifies that the ( trn €I'I€ qtr, t'ecords of the Certified' h Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) `town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 905.0 43 Cornelius Donovan 92 Trolly Car Lane,Londonderry,NH 03053 Abutters Properties (Boxford Street) Map Parcel Name Address 104.13 189 Paul Rabbitt 75 Duncan Drive,North Andover,MA 01845 105.0 9 Elsie Pouliot 465 Boxford Street,North Andover,MA 01845 105.0 22 Messina Development Co.lnc 277 Washington Street,Groveland,MA 01834 105.0 25 Lauren Cramer 537 Boxford Street,North Andover,MA 01845 105.0 26 Alexandre Klimenko 545 Boxford Street,North Andover,MA 01845 105.0 27 Justin Motta 577 Boxford Street,North Andover,MA 01845 105.0 40 Linda Dean 7 Duncan Drive,North Andover,MA 01845 105.0 41 Michael Donovan 12 Johnson Street,North Andover,MA 01845 105.0 22 Tohmas Donovan 5000 Wheatridge Drive,Fuquay-Varina,NC 27526 105.0 80 Michelle Pouliot 525 Boxford Street,North Andover,MA 01845 105.0 82 S&L Homes LLC 10-1 Middlesex Avenue,Wilmington,MA 01887 105.0 83 James Santoianni 550 Boxford Street,North Andover,MA 01845 -Cilia corflfiws that thS Mr P records of fho A �� r Vd of Certified b, Da . 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