HomeMy WebLinkAbout2014-10-23 Board of Health Agenda Packet North Andover Board of Health 1
Meeting Agenda
1mrmr day, October 23, 2014
120 Main Street,2"d Floor Selectmen's Meeting Room
North Andover, MA 01845
I. CALL TO ORDER
1I. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS
IV. APPROVAL OF MINUTES
Meeting minutes from July 24,2014 and September 29,2014 to be presented for signature.
V. OLD BUSINESS
VI. NEW BUSINESS
A. 98 Lyman Road—Board of Health Notice for Consideration of a Finding of Unfitness for Human
Habitation, State Sanitary Code 105 CMR 400.000 and 105 CMR 410.000.
B. 712 and 724 Sharpners Pond Road-Mitchell E. Weisman,Esquire,representing owners of 712 and
724 Sharpners Pond Road,requesting a variance resulting from a violation of 310 CMR 15.211 (1)(5).
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
VIII. CORRESPONDENCE/NEWSLETTERS
IX. ADJOURNMENT
2014 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1
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 FLxler,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;Lisa Blackburn,Health Department Assistant
1
i
North Andover Health Department
foinn►unity Development Division
October 14, 2014
To Owners of Record: Property Location:
Marion A. Mallory 98 Lyman Road
98 Lyman Road North Andover, MA 01845
North Andover,MA 01845
l
I
Board of Health Hearing Notice 1
Consideration of a finding of Unfitness for Human Habitation
In accordance with M.G.L.c. 111, §§ 127A and 1278, 105 CMR 400.000: State Sanitary
Code, Chapter 1: General Administrative Procedures and 105 CMR 41.0.000: State Sanitary
Code,Chapter 11: Minimum Standards of Fitness for Human Habitation,Debra Rillahan,Public Health
Nurse for the North Andover Board of Health,and Brian Leathe, Building Inspector,on October 3,2014
responded to 98 Lyman Road,North Andover,Massachusetts. At that time a walk-through of the
dwelling was conducted and chronicled by photos. A copy of the photos of the premise is annexed hereto.
The response to the property was upon request of the North Andover Dispatch on October 1,2014.
On October 1,2014,medical attention was requested for the owner,Marion A. Mallory,who is an elder,
and who was transported to the hospital for attention.
Based on the results of the inspection on October 3,2014, the Health Department finds sufficient
evidence to consider the dwelling unfit for human habitation. Pursuant to M.G.L.c. 127 B and 105 CMR
410.831 (B).The Board further finds that the conditions within the dwelling are such that this document
will serve as notice that the Board will conduct a public hearing to determine whether the dwelling or
portion thereof is unfit for human labitation and whether an order to secure and to vacate should be
issued.
This hearing will be held on October 23,2014,at 7:15 PM, in the North Andover Town Hall
Selectmen's Room, 120 Main Street.At the hearing,the occupant(s),owner(s),or any other affected party
shall be given an opportunity to be heard,to present witnesses or documentary evidence and to show wiry
the dwelling or portion thereof should or should not be found unfit for human habitation,and why an
order to vacate and an order to close-up should or should not be issued.
Conditions found within the dwelling,which give rise to the emergency finding of unfitness and
determination of immediate danger, include: (see attached photos)
1600 Osgood Street,Nortlr Andover,Mossadrusetts 01645
Phone 978.688.9540 Fax 978,668.8476 Web www.towoohrorthandover.min
98 Lyman Road October 14, 2014
Violation Code condition to
Reference Endanger
No operating heating system 410.200 yes
-owner shall provide and maintain in good operating
condition the facilities for heating every habitable room and
every room containing a toilet,shower or tub to a temperature
set in 401.201
Structure in disrepair—Handrails missing 410.500, yes
-shall maintain all means of egress in safe condition 410.501 (C),
-owner shall maintain structure free from defect and weather 410.750(1,C)
tight
Extreme clutter(i.e. books,furniture,papers etc.)—Extreme fire 410.602(B), yes
hazard. 410.750(G)
-occupant shall maintain home free of garbage,rubbish or filth (1)(K)
or causes of sickness
Missing smoke detectors 410.482
-owner must maintain required fire prevention devices per fire
code
Unclean bathroom on first floor;feces on fixtures and floor and 410.750 yes
walls. Second floor toilet not operational No operational bathing 410.150
facility on either floor.
-At minimum shall have operational toilet and wash basin in
same room
-At minimum have shower or bath facilities whether in the
same room or not.
-all fixtures shall be maintained in clean condition
Ceilings with evidence of water infiltration and leaks-owner 410.500
shall maintain structure free from defect and weather tight._
Extreme clutter and debris prohibited a complete comprehensive
inspection. Floors, walls, whidoivs, heating system, septic system
operation, kitchen area, basement etc. could not be evaluated and
therefore are not listed above.
Please contact the Health Department if you have any questions regarding this hearing notice.
Thank you,
Susan wyer;�REHS
Public Hea Director
cc: Curt Bellavance,Community Dev. Dir.
Andrew Maylor,Town Manager
Gerald Brown,Inspector of Buildings
Andrew Melnikas,Fire Chief
Patti Gallagher, Police Chief
Board of Health members
1600 Osgood Sirpet,North Andover,Mossa(husetts 01845
Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthondover,(orn
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North Andover Health Department
Community Development Division
October 2,2014
Mitchell E.Weisman,Esquire
Kajko,Weisman, Colasanti& Stein,LLP
430 Bedford Street, Suite 190
Lexington,MA 02420
Dear Attorney Weisman,
- This correspondence is in regards to'the properties oiiste"subsurface disposal systems located at 712 and
724 Sharpners Pond Road.As you are aware,the N.Andover Health Department was recently contacted
by your client,Michael Luzzo,who is the owner of 712 Sharpners Pond Road. Subsequently to a
conversation, a number of questions arose regarding these two properties,past changes of property
ownerships and an easement for access to a septic system. This office appreciates the research you have
conducted to clearly identify the outstanding issues that I will outline below,along with the anticipated
action by the owners.
Fact:
As found on plan 40967-C "subdivision plan of land in North Andover,
- 712 Sharpners Pond Road is comprised of 2 parcels;# 13 and#12.
- 724 Sharpners Pond Road is comprised of 2 parcels;#11 and#14.
- Parcel#12 contains the disposal system leaching area for#724 according to health records.
There exists a legal easement for the owner of 724 to maintain his subsurface disposal system as found on
the quick claim deed recorded on 12-20-2012 at the Essex North Land Court Registry.
Fact:
The NA Health Department official files have information from the initial approval and installation of the
2 disposal systems. The files indicate only 2 parcels of land existed, and each dwelling's disposal system
is shown on their parcel.The Health Department having reviewed this information,and consulted with
the MA DEP wastewater division staff,has determined that the land swap transaction is invalid under MA
DEP regulation as there�exists an inherited the lack of inspection(s). In addition,the Board of Health did
not approve this easement or any other request regarding this condition.
Violation Code reference;
310 CMR 15.211(1)[5] states the following:
` "Locating a system component or any part thereof beyond a property line of the facility,whether pursuant
to an easement or otherwise,requires a variance issued in accordance with 310 CMR 15.410,.,.."
Page 1 of 2
North Andover Health Department, 1600 Osgood Street, Suite 2035,
North Andover,MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
15.010.
. ` " (2)Prior to dividing u facility all existing systems shall bc inspected bz accordance with
' 3l0C &Rl5.3Ol(Q).The division ofu facility shall not bo approved nulematbe Approving
Authority has determined tb the division will not put existin stem in noncompliance with
the Title 5 and the applicant has demonstrated to the satisfaction of the Approving Authority that
the division of property will not prevent the upgrade of existing systems in accordance with Title
5.Failed
shall be altered ao required b` tbe Approving Authority for each new facility divided out ofthe
original facility.Prior to the division u[o facility, any shared systems tobe created uouresult
of the division a bull comply with 3lOCNIRl5.290` and the n°uor(s) oroperator(-)shall obtain
'
�
a shared system approval if the system will serve more than one facility after division of the �
,, .
Proposed Resolution:
A variance request shall be submitted by the owner(s)of 724 Sharpners Pond Road and 7]2B
Pond Road, or their representative(s) on their behalf,requesting to be placed on the agenda of the next
available Board of Health meeting. This shall be in writing, shall detail the situation that exists and
request the relief fi-om the code sections noted above.Please provide any and all pertinent documentation
-
provided to.this-otfice.You will oe.notified oz the,time and date-of the meeting, =`^"^^^". ^^`^°V -
inspection,for each septic system, shal ho part oC the request package.
The Title l/inspection fbz724Sbmpuorm9oodRuudunzotioolndovorifioxduuoftbelouadunoftbciimld
area.This criterion iaoycxU]ooDvaddod. duetouuuoczoonvcruoexdotaldiocrepuooinevorbo]lvgivomto
the Health Director,regarding the Title\/date 2OlO.Dia not u regular criterion of the state inspection;
therefore the Septic Inspector will have tohu given apeoifiodiredioom. Iftheionpeotnzhuuanyqneotiuna,
please contact the Health Department.
Please feel fi-ee to contact the Health Department with any comments or questions.This situation in-List be
addressed within 3O days orau Order Letter shall be issued bv this office. Thank you for your cooperation
in this important matter of public health.
Sincerely /?
TNre�tev
Co: Owner of7l2 Sharpners Pond Road
Owner of 724 8barpoero Pond Road
`
Page 2of2
North Andover Health Department, l600Osgood StreetEuilding20, Suite2-36,
Nnrtb/\odovoz, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
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Commonwealth of Massachusetts e` aE IVY 'i-) I
Inspection
~ Subsurface Sewage Disposal System f=orm-Not for Voluntary Assessments
M 712 Sharpners Pond Road Ito r��i i i,c Hrai� �i rlr i
Property Address �f
Michael Luzzo
Owner Owner's Name
information is
required for North Andover MA 01845 9/22/2014
every page. City/Town State Zip Code Date of Inspection
Inspection results must be submitted on this form. Inspection forms may not be altered in any
way. Please see completeness checklist at the end of the form. ( (° (° V E D
Important: A. General Information
When filling out
forms on the
computer,use 1. Inspector: 10Vvr'4 t,ir NUI,<II"1N r�tauvn
only the tab key I'!E'F�l.iPifxl:d'''' h "Y"f�l`:"ePVh
to move your Neil J. Bateson
cursor-do not Name of Inspector
use the return
key. Bateson Enterprises Inc
Company Name
VQ 111 Argilla Road
Company Address
Andover MA 01810
,assn Cltyrrown State Zip Code
978-475-4786 S115
Telephone Number License Number
B. Certification
I certify that I have personally inspected the sewage disposal system at this address and that the
information reported below is true, accurate and complete as of the time of the inspection. The inspection
was performed based on my training and experience in the proper function and maintenance of on site
sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of
Title 5 (310 CMR 15.000).The system:
® Passes ❑ Conditionally Passes ❑ Fails
❑ Needs Further Evaluation by the Local Approving Authority
9/22/2014
Aecto a D ate
The system inspector shall submit a copy of this inspection report to the Approving Authority(Board
of Health or DEP)within 30 days of completing this inspection. If the system is a shared system or
has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the
report to the appropriate regional office of the DEP. The original should be sent to the system owner
and copies sent to the buyer, if applicable, and the approving authority.
****This report only describes conditions at the time of inspection and under the conditions of use
at that time.This inspection does not address how the system will perform in the future under
the same or different conditions of use.
t5ins-3/13 Title 5'otficial Inspection Form:Subsurface Sewage Disposal System•Page 1 of 17
I
Commonwealth of Massachusetts;
Subsurface Sewage Disposal System Form-Not for Voluntary Assessments
712 Sharpners Pond Road
Property Address
Michael Luzzo
Owner Owner's Name
information is
required for North Andover MA 01845 9/22/2014
every page. City/Town State Zip Code Date of Inspection
B. Certification (cont.)
Inspection Summary: Check A,B,C,D or E/always complete all of Section D
A) System Passes:
® I have not found any information which indicates that any of the failure criteria described
in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are
indicated below.
Comments:
B) System Conditionally Passes:
❑ One or more system components as described in the"Conditional Pass" section need to be
replaced or repaired. The system, upon completion of the replacement or repair, as approved by
the Board of Health, will pass.
Check the box for"yes", "no"or"not determined" (Y, N, ND)for the following statements. If"not
determined," please explain.
The septic tank is metal and over 20 years old*or the septic tank(whether metal or not) is
structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System
will pass inspection if the existing tank is replaced with a complying septic tank as approved by the
Board of Health.
*A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of
Compliance indicating that the tank is less than 20 years old is available.
❑ Y ❑ N ❑ ND (Explain below):
t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 2 of 17
Commonwealth of Massachusetts
Title cial Inspection Form
Subsurface Sewage Disposal System For-Not for Voluntary Assessments
712 Sharpners Pond Road I
I
Property Address
Michael Luzzo
Owner Owner's Name
information is North Andover MA 01845 9/22/2014
required for
every page. Cityfrown State Zip Code Date of Inspection
D. System Information (cons.)
Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to
at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate
where public water supply enters the building. Check one of the boxes below:
® hand-sketch in the area below
❑ drawing attached separately
rW- Ville
G
0
X- o 7-
t5ins•3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 15 of 17
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DaC 9107 v 203 12-2 0--2012 2015 1
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4seM North Land Court Resistra
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When Recorded Return To:
In mm Global Servltaas
9926 cou"Ddve
St Paul,MN 55117 QUITCLAIM DEED
53-05 7-a
KNOW ALL MEN BY THE E PRESENTS THAT:
?k-'I&y� �('0 /2-e`
Michael Anthony Luzzo and Meredyth Ann Luzzo,husband and wife,as joint
tenants,of North Andover,Essex County,MA,for consideration paid of One and xx/100
($1,00)Dollars,
GRANT to Michael Anthony Luzzo and Meredyth Ann Luzzo,as Trustees of the
Michael Anthony Luzzo and Meredyth Ann Luzzo Joint Living Trust,dated December
19,2008 of 712 Sharpners Pond Road North Andover,MA 01845
With QUITCLAIM COVENANTS,the land in North Andover,Essex County,
Massachusetts,being more particularly described as follows:
Tax Id Number(s):210/105.D-0183-0000.0
Land Situated in the City of North Andover in the County of Essex in the State of MA
LOT 12 AND 13 ON LAND COURT PLAN NO.409670, A COPY OF A PORTION
OF WHICH PLAN 18 FILED WITH CERTIFIED OF TITTLE NO. 11905,
Certificate No. 16688
Being the same property conveyed to Michael.Anthony Luzzo and Meredyth Ann Luzzo,
husband and wife,as joint tenants,by deed dated of rm)rd in
Deed Instrument/Case No. ,in the County Clerk's Office.
Commonly known as:A 712 Sharpners Pond Road,North Andover,MAO 1845
4Y t
Witness my hand and seal this day of Abo 2012,
G t r:
M chaQI
Anthony
UUZO
y nn Luzz
"M4`cd t A o
COMMONWEALTH OF MASSACHUSETTS
ESSEX;ss
Onus Pday of—Akow
Aw—,2012,before me,the undersigned notary public,
personally appeared Michael Anthony Luzzo and Meredyth Ann Luzzo,proved to me
through satisfactory evidence of identification,which were driver's licenses,to be the
persons whose names are signed on the preceding or attached document,and
acknowledged to me that they signed it voluntarily for its stated purpose.
Notary Pu ic
My commission expires 1-13,-L2-,–
SANDYWILUAMS
NOTARY PUBLIC
CommonwookhoWassachusm
MyCommisslonExpimson
)anua!y 13,2017
*U03242144,x
11/27/2012 78189976/4
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SUBDIVISION PLAN OF LAND IN NORTH ANDOVER
Scott L. Giles, Surveyor 409670
June 2, 1998
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Subdivision of Lot 6
Shown on Plan 40967—B Sh, 2
Filed with Cert, of Title No, 11905
North Registry District of Essex County
Separate certificates of title may be issued for land
shown hereon as Lots I3 and 14
By the Court, Copy of pad of plan 40967-0
iljvQ�). ......... Mad m--®
LAND REGISTRATION 0MICE
SEPr 11, 1998 a Or r SEK 11, 1998
ASH-OMB ScLoalue l s o A,lb#peo,n lEn0g0 M(eeeer k rtoo r aC ukr h
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SUBDIVISION PLAN OF LAND IN NORTH ANDOVER
Scott L. Giles, Surveyor
June 2, 1998
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Plan No, 409670 Gert
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onwsolth POOP
HpRP�ERS 4
a,{<•a+ 40969 a�
Subdivision of Lot 5
Shown on Plan 40967—B sh. 2
Filed with Cert, of Title No, 11905
North Registry District of Essex County
Separate certirlcates of title may be issued for land Abutters are shown as
shown hereon o1 and 12 on original decree plan.
By the Court.
Copy of port of plan
, ff fi ed 1n im' .. ..... LANO RMISr MON OMO.-
SEPT 11, 1998 car SEPT. 11, 1998
Scala of the ionr00
of to an loch
ABN-02Y3 Louis A,�ta�re,Eng(noer for Court
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Commonwealth of Massachusetts
Title 5 Official Inspection Form
Subsurface Sewage Disposal System Form-Not for Voluntary Assessments
724 Sharpners Pond Road
Property Address
Brian Steinson
�) Owner Owner's Name
d° information is
1 required for North Andover MA 01845 10-14-2014
every page. City/Town State Zip Code Date of Inspection
Inspection results*must be submitted on this form. Inspection forms may not be altered in any
way.Please see completeness checklist at the end of the form.
Important: A. General Information
When filling out
forms on the
computer,use 1. Inspector:
only the tab key
to move your Warren Pearce Jr
cursor-do not Name of Inspector
use the return
key. Pearce Construction
Company Name
r� 196 Park Street
Company Address
North Reading MA 01864
rsun City/Town State Zip Code
978-664-5264 S11959
Telephone Number License Number
B. Certificafion
I certify that I have personally inspected the sewage disposal system at this address and that the
information reported below is true, accurate and complete as of the time of the inspection.The inspection
was performed based on my training and experience in the proper function and maintenance of on site
sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of
Title 5(310 CMR 16.000).The system:
Passes ❑ Conditionally Passes ❑ Fails
[] Needs Further Evaluation by the Local Approving Authority
Inspector's Signature Date
The system inspector shall submit a copy of this inspection report to the Approving Authority(Board
of Health or DEP)within 30 days of completing this inspection. If the system is a shared system or
has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the
report to the appropriate regional office of the DEP,The Original should be sent to the system owner
and copies sent to the buyer, if applicable, and the approving authority.
"This report only describes conditions at the time of Inspection and under the conditions of use
at that time.This Inspection does not address how the system will perform in the future under
the same or different conditions of use.
Wins•3113 Title 5 Official Inspectlon Form:Subsurface Sewage Disposal System•Page t of 17
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Commonwealth of Massachusetts
Title 5 Official Inspection Form
Subsurface Sewage Disposal System Form-Not for Voluntary Assessments
724 Sharpners Pond Road -
Property Address
Brian Steinson
Owner Owner's Name
information is MA 01$45 10-14-2014
� required for North Andover
f
every page, City/Town State Zip Code Date of Inspection
B. Certification (cunt.)
Inspection Summary: Check A,B,C,D or E/always complete all of Section D
u
`j A) System Passes:
I
® I have not found any information which indicates that any of the failure criteria described
i in 310 CMR 15,303 or in 310 CMR 15.304 exist.Any failure criteria not evaluated are
indicated below.
l Comments:
Leach area is located on the adjoining property.
...........
D) System Conditionally Passes:
❑ One or more system components as described in the"Conditional Pass"section need to be
replaced or repaired.The system, upon completion of the replacement or repair, as approved by
the Board of Health,will pass.
Check the box for"yes", "no"or"not determined"(Y, N, ND)for the following statements. If"not
determined,"please explain.
The septic tank is metal and over 20 years old*or the septic tank(whether metal or not)is
structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent.System
will pass inspection if the existing tank is replaced with a complying septic tank as approved by the
Board of Health.
*A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of
Compliance indicating that the tank is less than 20 years old is available.
❑ Y ❑ N ❑ ND (Explain below):
l51ns 3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System Pape 2 of 17
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commonwealth of Massachusetts
Title Official Inspection For
Subsurface Sewage Disposal System Form-Not for Voluntary Assessments
724 Sharpners Pond Road
Property Address
Brian St6son
Owner Owner's Name
information is MA 01846 10-14-2014
required for North Andover
every page. City/Town State Zip Code Date of Inspection
D. System Information (cunt.)
Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to
at least two permanent reference landmarks or benchmarks. locate all wells within 100 feet. Locate
iE
where public water supply enters the building. Check one of the boxes below:
0
® hand-sketch in the area below
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1 ❑ drawing attached separately
ir
JZJ t (")- Y
X
71D
,y
���..i t•1.b't� E7 j
t
t5ins 3113 Titie 5 ol5ciai Inspection Form:Subsurface Sewage Disposal Syslem-Page 15 of 17
Blackburn, Lisa
From: Sawyer, Susan
Sent: Thursday, October 09, 2014 1:33 PM
To: Blackburn, Lisa
Subject: RE:712 and 724 Sharpners Pond Road, North Andover
This one is confusing, but easy to approve
From: Blackburn, Lisa
Sent: Thursday, October 09, 2014 1:33 PM
To: Sawyer, Susan
Subject: RE: 712 and 724 Sharpners Pond Road, North Andover
Yes
From: Sawyer, Susan
Sent: Thursday, October 09, 2014 1:31 PM
To: Blackburn, Lisa
Subject: FW: 712 and 724 Sharpners Pond Road, North Andover
Next meeting.
Oct 23? Town hall?yes
From: Mitchell E. Weisman [mailto:mweisman massfirm.com]
Sent: Thursday, October 09, 2014 12:38 PM
To: Sawyer, Susan
Cc: michael,a.luzzo a fmr.com; jdiblasiC diblasi.com
Subject: 712 and 724 Sharpners Pond Road, North Andover
Good afternoon-
This email serves a formal request to be added to the October 23 Board of Health Meeting to request a variance
resulting from a violation of 310 CMR 15.211(1)[5). 1 will be representing the owners of 712 and 724 Sharpners Pond
Road at said meeting.
We will provide recent Title V inspection results for both properties prior to the meeting. The inspection for 724
Sharpners Pond Road shall include verification of the location of the leeching field for that septic system.
If you have any questions, please contact me.
Mitchell E.Weisman, Esquire
Kajko, Weisman, Colasanti & Stein, LLP
430 Bedford Street, Suite 190 Iii 11 o,WCCSMAN,COIASAMI'I&,' Ill:IN,�ix
Lexington, MA 02420 -_- _. . _.._ _
(P) 781-860-9500
(F) 781-861-1833
www,massfirm.com
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