HomeMy WebLinkAbout2023-06-22 Board of Health Minutes North Andover Board of Health
Meeting Minutes
Thursday—June 22, 2023
7:00 p.m.
120 Main Street,Board of Select Room
Live broadcast can be heard on www.northandovercam.org
Present: Michelle Davis,Dr.Patrick Scanlon,Jennifer Abou-Ezzi,Jennifer LeBourdais,Bral Spight,Brian
LaGrasse,and Carolyn Lam
I. CALL TO ORDER
The meeting called to order at 7:00 pm.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARING
A. Continuation of May 25,2023 Hearing—39 Hawkins Lane
MOTION made by Jennifer Abou-Ezzi to open the public hearing. Seconded by Bral Spright. (5-0-0)
Attorney John M. Iacoi has come before the Board of Health to represent Mr.Thomas and Ms.Maureen A.
Scott formally of 39 Hawkins Lane. The Scott family sold their property(39 Hawkins Lane)to Mr.
Andrew N.Barr,Mr.Andrew P.Marcinek and Ms. Caroline Marcinek,which had a deed restriction. The
Barr-Marcinek Family have chosen not to appear before the board and to have Attorney Iacoi deliver all
completed paperwork. A new deed restriction has been drafted,which has been discussed and reviewed by
the Barr-Marcinek Family council. The prior deed restriction has been released. The new deed restriction
will be placed under the names of Andrew N.Barr,Andrew P.Marcinek and Caroline Marcinek,39
Hawkins Lane.(See Appendix A.)
MOTION made by Dr.Patrick Scanlon to close the public hearing. Seconded by Bral Spright. (5-0-0)
MOTION made by Jennifer Abou-Ezzi to discharge the original deed restriction under the name of Mr.
Thomas and Ms.Maureen A. Scott,39 Hawkins Lane North Andover,MA 01845. Seconded by Jennifer
LeBourdais.(5-0-0)
MOTION made by Jennifer Abou-Ezzi to accept the new deed restriction in the name of Andrew N.Barr,
Andrew P.Marcinek and Caroline Marcinek of 39 Hawkins Lane North Andover,MA 01845. Seconded
by Jennifer LeBourdais.(5-0-0)
Attorney John M.Iacoi will process the recording of the deed restriction and submit the new deed
restriction with book and page to Brian LaGrasse. Attorney Iacoi confirms that the board is comfortable
with him signing the documents as the notary. The board gives the approval.
2023 North Andover Board of Health Meeting
Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer
Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Bral Spight,Member. Department Staff:Brian LaGrasse,Health
Director;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant.
IV. OLD BUSINESS
A. Grants—
Brian LaGrasse updates the board on the grants.
Shared Services Grant
The Annette Curbow has been hired as the shared serves coordinator. She started on Monday,June 19
2023. Fiscal year 2024 starts on July 1,2023. A new budget will be proposed for the next grant year.
More funds have potentially been allocated,which could total$530,000 per year. The towns/cities
involved with the grant have begun planning on how to utilize the monies. The regional nurse,which
is shared by the six communities will be full time. A proposed budget and work plan will be submitted
to the Department of Public Health(DPH).
Community Health Assessment Grant
The assessment and health improvement plan are in the final stages. It should be completed by the last
week of June. The assessment and plan will guide the town on how we can improve specific areas the
residents wanted addressed. Mental health across the spectrum,diversity,equity and inclusion(DEI),
and affordable housing were the top three things that the community wanted. Various steps,stages and
actions have been initiated to address these areas to the best of the town's ability. It will encompass
different departments,civic groups,and community engagement. When the plan is completed and
accepted,it will be posted on various websites and a presentation will be done at the senior center.
V. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Shanene Pierce,the new Health Inspector,will start on Monday,June 26,2023. Shanene came very
highly recommended. She interviewed extremely well. Shanene had strong recommendations with
co-workers that Brian LaGrasse has known for many years. Shanene has a strong work ethic,attention
to detail and a friendly demeanor when doing inspections. She is able to work very well with
contractors,business owners and residents.
B. Carolyn Lam—The Dana Farber Mammogram van came to town hall. Several people attended. The
new sunscreen dispensers are being placed in the town's parks.
VI. ADJOURNMENT
MOTION made by Dr.Patrick Scanlon to adjourn the meeting.Jennifer Abou-Ezzi seconded all in favor,
motion approved.The meeting adjourned at 7:15 pm. (5-0-0)
North Andover Board of Health
Meeting Minutes
Thursday—June 22, 2023
7:00 p.m.
120 Main Street,Board of Select Room
Live broadcast can be heard on www.northandovercam.org
Prepared by:
Toni K. Wolfenden,Health Dept.Assistant
Reviewed bv:
All Board of Health Members&Brian LaGrasse, Health Director
Signed by:
�t3
Dr. Patri canIon, Clerk of Board Date Signed
Documents Used at Meeting:
Agenda
Release and update Septic System Deed Restriction—39 Hawkins Lane
2023 North Andover Board of Health Meeting
Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer
Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Bral Spight,Member. Department Staff:Brian LaGrasse,Health
Director;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant.
North Andover Board of Health
Meeting Agenda
Thursday,June 22, 2023
7:00 pm
120 Main Street
Board of Select Room
Live broadcast can be heard on www.northandoverma.gov
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS
A. Continued—Mr.and Ms.Scott—39 Hawkins Road
IV. OLD BUSINESS
A. Updates-Grants
V. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS
2023 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, Michelle Davis, RN, Chairwoman; Dr. Patrick Scanlon Clerk/Town Physician/Member;
Jennifer Abou-Ezzi, RN,Member;Jennifer LeBourdais, RN, Member; Bral Spight, Member. Department Staff: Brian
LaGrasse, Health Director;Carolyn Lam, RN, Public Health Nurse;Toni K.Wolfenden, Health Department Assistant.
RELEASE AND UPDATED SEPTIC SYSTEM DEED RESTRICTION
THIS AGREEMENT(the "Agreement") is made this day of June, 2023, by Andrew N. Barr,
Andrew P. Marcinek and Caroline Marcinek(collectively, the "Grantor") with the Town of North Andover
Board of Health, a municipal corporation in the Commonwealth of Massachusetts (the "Board of
Health").
WHEREAS,the Grantor is now the owner of a certain parcel of land with improvements thereon, located
at 39 Hawkins Lane, North Andover, Massachusetts Map 210/Lot 106.C-0124, as described in a deed ,
dated May 1, 2023 from Thomas M. Scott and Maureen A. Scott to the Grantor (the "Property"); and
WHEREAS,the Property contains a septic system (the "System") that is non-compliant with 310 CMR
15.000,Title 5 regulations ("Title 5") due to the dwelling containing a number of rooms exceeding the
capacity of the existing System, thereby making the Property subject of review and approval under the
Town of North Andover Board of Health's Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage A1.05 and C9.01(4). Said review and approval limits the maximum number of
bedrooms at this dwelling to the existing four(4) bedrooms;
WHEREAS, in 2009,the Board of Health, at a hearing, voted unanimously to defer compliance of the
System and approve and accept a restriction to the title the Property and grant the Property owner
allowance that the existing System be considered in compliance with the requirements of Title 5 which
otherwise would not be in compliance based upon the total number of rooms which was recorded in the
Essex County Southern District of the Registry of Deeds at Book 11551, Page 235 (the "2009 Septic
System Restriction");
WHEREAS, upon petition by the Property owner, on May 241h, 2023 the Board of Health at a duly called
hearing and after review and consideration of the condition of the current System along with the level
of usage relating to current System in conjunction with the needs of the public and the environment,
voted unanimously and determined that (i) at this time the current System does not need to be
upgraded, improved, replaced or disturbed (collectively "System Modification") and considered the
current System to be in conditional compliance with the requirements of Title 5 which otherwise would
not be in compliance based upon the total number of rooms ("Conditional Approval"); and (ii) subject to
the conditions set forth below,to permit and grant the Property owner authorization to convey the
Property and to terminate and record a release of the 2009 Septic System Restriction but substitute the
same with a new septic system title restriction.
NOW,THEREFORE, in consideration of the premises and mutual covenants herein, and for other good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
subject to the conditions set forth below hereby agrees as follows:
1. The 2009 Septic System Restriction as recorded in the Essex County Southern District of the
Registry of Deeds at Book 11551, Page 235 is hereby terminated in its entirety, hereby released
and is of no further force and effect and a properly signed and notarized Release document shall
be recorded at the Registry of Deeds.-
2. The Grantor shall enter into a new restriction containing the revised conditions which shall
replace and substitute the 2009 Septic System Restriction.
3. 2023 Restriction conditions are hereby set forth as follows:
a. This new Restriction (the "2023 Septic System Restriction") shall be recorded in the
Essex County Southern District of the Registry of Deeds ;
b. The current septic system must be inspected by a licensed Title 5 inspector every three
yea rs;
c. There shall be no change in the current configuration of the number of rooms,
bathrooms nor change of occupancy of the dwelling located on the Property without an upgrade
to the current septic system;
d. Prior to or upon the execution of a purchase &sale agreement by the Grantor to sell the
Property,this conditional approval as hereby granted by the Board of Health shall automatically
terminate and the Grantor shall upgrade the current septic system on the Property to meet the
requirements of 310 CMR 15.000,Title 5, prior to the consummation of any sale or transfer of
the Property;
e. This 2023Septic System Restriction and this conditional approval will remain valid and in
full force and effect until the current septic system fails or the Property is resold, whichever
occurs first; and,
f. This 2023 Septic System Restriction shall terminate in its entirety in the event that the
Property is connected to the municipal sewer system or otherwise released by the Board of
Health.
2. Unless otherwise determined by the Board of Health,this 2023 Septic System Restriction shall
be binding upon the Grantor and its successors and assigns and shall be an encumbrance on the
Property until the current system is upgraded in compliance with Title 5 regulations.
3. This 2023 Septic System Restriction may be enforced by the Board of Health, and the violation of
the terms of this 2023 Septic System Restriction may result in the issuance by the Board of Health of an
Order to Correct or other legal action against the Grantor or its successors or assigns.
4. This 2023 Septic System Restriction shall be recorded in the Southern Essex County District
Registry of Deeds and the Board of Health acknowledges that upon the recording of a Release in the
Southern Essex District Registry of Deeds,this 2023 Septic System Restriction shall be of no further force
or effect.
SIGNATURES AND ACKNOWLEDGEMENTS ON THE NEXT PAGE
DISCHARGE OF DEED RESTRIICTION
I, Thomas Scott, individually and as Trustee of the TMS Realty Trust, dated
December 16, 1993 (the "Trust") as the grantor of the deed restriction dated April
811, 2009 and recorded at Essex County Southern District Registry of Deeds at
Book 11551, Page 235, (the "Deed Restriction") and affecting the property
located at 39 Hawkins Lane,North Andover, Massachusetts (the "Premises")
hereby acknowledges the release and discharge of the same and hereby further
authorizes the Town of North Andover Board of Health to release and discharge
the aforementioned Deed Restriction.
The North Andover Board of Health, by executing this Release and Discharge,
acknowledges and hereby affirms that it has the full authority to release and
discharge the Deed Restriction and that it is the intention of the North Andover
Board of Health to relinquish any rights or claims associated with it.
The undersigned hereby further warrants that there are no liens, encumbrances, or
legal obligations connected to the Premises that would prevent or conflict with the
release and discharge of the Deed Restriction.
This Release and Discharge shall be binding upon the undersigned its successors,
assigns, and any other persons claiming an interest in the Premises.
WITNESS our hands and seals this day of 12023.
Thomas Scott, individually and as Trustee North Andover Board of Health
of the TMS Realty Trust By:
as duly authorized
COMMONWEALTH OF MASSACHUSETTS
County
On this day of 2023 before me, the undersigned
notary public, personally appeared proved to me through
satisfactory evidence of identification, which was
, to be the person whose name is signed on the preceding or attached document,
and acknowledged to me that(he) (she) signed it voluntarily for its stated purpose.
[Typed or Printed Name]
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
County
On this day of 2023 before me, the undersigned
notary public, personally appeared proved to me through
satisfactory evidence of identification,which was
, to be the person whose name is signed on the preceding or attached document,
and acknowledged to me that(he) (she) signed it voluntarily for its stated purpose.
[Typed or Printed Name]
My Commission Expires:
IN WITNESS WHEREOF,the Grantor has executed this Agreement as of the date first above written.
Grantor: North Andover Board of Health
By :
Andrew N. Barr Chairperson of Board of Health
Andrew P. Marcinek
Caroline Marcinek
COMMONWEALTH OF MASSACHUSETTS
On this day of June, 20, before document and signed notary public, personally appeared
, proved to me through satisfactory evidence of identification to be the person
whose name is signed on the preceding document, and acknowledged the signing thereof to be his/her
free act and deed.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
On this day of June, 20, before me, the undersigned notary public, personally appeared
, proved to me through satisfactory evidence of identification to be the person
whose name is signed on the preceding document, and acknowledged the signing thereof to be his/her
free act and deed.
Notary Public
My Commission Expires:
Bk 17768 Pg235 #9754
06-23-2023 @ 11 : 51a
RELEASE AND LrPDATED S+EP'17C SYSTEM DEE.0 RESTR!(JION
THIS AGRI:BMTNT(the"Agreement")is made this Z Z day of June,2023,by Andrew N.
Barr,Andrew P.Marcinek and Caroline Marcinek(collectively,the"Grantor")with the Town of North
Andover Board of Health,a municipal corporation in the Commonwealth of Massachusetts(the"Board of
Health").
W1•.iEREAS,the Grantor is now the owner of a certain parcel of land with improvements thereon,located
at 39 Hawkins Lane,North Andover,Massachusetts Map 210/1,ot 106.C-0124,as described in a deed,
dated May 1.,2023 from Thomas M.Scott and Maureen A.Scott to the Grantor(the"Property");and
WHEREAS,the Property contains a septic system(the"System")that is non-compliant with 310 CMR
15.000,Title 5 regulations("Title-Y)due to the dwelling containing a number of rooms exceeding the
capacity of the existing System,thereby making the Property subject of review and approval under the
Town of North Andover.Board of Health's Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage A.1.05 and C9.01(4).Said review and approval limit.-,the maximum number of bedrooms
at this dwelling to the existing four(4)bedrooms;
WHEREAS,in 2009,the Board of Health,at a hearing,voted unanimously to defer compliance of the
System and approve and accept a restriction to the title the Property and grant the Property owner
allowance that the existing System be considered in a mpliance with the requirements of Title 5 which
otherwise would not be in compliance based upon the total number of rooms which was recorded in the
Essex County Southern District of the Registry of Deeds at Book 11 551,Page 235(the"2009 Septic
System Restriction");
WHEREAS,upon petition by the Property owner,on May 24'h,2023 the Board of Health at a duly called
hearing and after review and consideration of the condition of the current System along with the level of
usage relating to current System in conjunction with the needs of the public and the environment,voted
unanimously and determined that(i)at this time the current System does not treed to be upgraded,
improved,replaced or disturbed(collectively"System Modifieation'l and considered the current System
to be in conditional compliance with the requirements of Title 5 which otherwise would not he in
comptkutce based upon the total number of rooms("Conditional Approval'");and(ii)subject to the
conditions set forth below;to permit and grant the Property owner authorization to convey the Property
and to tenni.nate and record a release of the 2009 Septic System Restriction but substitute the same with a
new septic system title restriction.
NOW,'IMEREFORl,in consideration of the premises and mutual covenants herein,and fin other good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
subject to the conditions set forth below hereby agrees as follows:
L'The 2009 Septic System Restriction as recorded in the Essex County Southern District of the Registry of
Deeds at Book 11551,Page 235 is hereby terminated in its entirety,hereby released and is of no
furtltet force and effect and a properly signed and notarized Release document shall be recorded
at the Registry of Deeds.
2.The Grantor shall enter into a new restriction containing the revised conditions which shall replace and
substitute the 2009 Septic System Restriction.
3.2023 Restriction eonditiomc are hereby set forth as follows:
a.This new Restriction(the"2023 Septic System.Restriction")shall be recorded in the Essex
County Southern District of the Registry of Deeds;
b.The current septic system must be.inspected by a licensed Titic 5 inspector every three years;
Bk 17768 Pg236 #9754
c.'17tere shall he no change in the current configuration of the number of-nwm ,hathroums nor
change of occupancy of the dwelling located on the Propene without an upgrade to the current
septic system;
d.Prior to cr upon the execution of a purchase&sale agreement by the Grantor to set l the
Property,this conditional approval as hereby granted by the:Board of I-Iealth shall automatically
terminate and the Grantor shall upgrade the current septic system on the Property to meet the
requirements ol'31(?CMR I�.000,Title_S,prior rior to the consummation of any sale or transfer of the
Property;
e.This 2023 Septic System Restriction and this conditional approval will remain valid and in fall
force and effect until the current septic system fails or the Property is resold.whichever occurs
first;and.
f.'Phis 2023 Septic System Restriction shall terminate in its entirety in the event that the Property
is connected to the municipal sewer system or otherwise released by the Board of Health.
2. Unless otherwise determined by the Board of.I lealth,(his 2023 Septic System Restriction shall
be binding upon the Grantor and its successors and assigns and shall be an encumbrance,on the Property
until the current system is upgraded in compliance with Title 5 reg; Eions.
3. This 2023 Septic System Restriction may be enforced by the Board of Health,and the violation
of the terms of this 2023 Septic System Restriction may result in the issuance by the Board of Health of
an Order to Correct or other legal action against the:Grantor or its successors or assigns.
4. 'Ihls 2023 Septic Syste n Restriction shall be recorded in the Southern Essex County District
Registry of D4cds and the Board or Health acknowledges that upon the recording of Release in the
Southern Essex District Registry of Deeds,this 2023 Septic System Restriction shall be of no further
IoIec or effiect-
SIGNATURES AND ACKNOWI..I DGEMENn M'FlU;IVFATPAGE
[N Wl'fiVESS VlrI11:R1()l_the Grantor has executed this Agreement as 4the date first above written.
Grantor: North Andover Board of Health
By= yv1 : �teS� �. -�mXS
rew N.Barr Chairperson of Board of I lealth
Duly authorized by all Board
Andrew P.Marcine. -- Members signi ow_
C e Murcinek
f .t
•1
J
t
Bk 17768 Pg237 #9754
COMMONWEA1.111 OF MASSACHUSETTS
On this_1 day of June.2023,befor/e�mc,/the undersigned notary public_personally appeared
proved tome through satisfactory-
evidence of identification to he the person whose natne is signed on the preceding document-and
aeknowl the 'going th f to be ' r lfee act and deed.
T h vttis�tco. �\ J C),I M ,'At C3;
Notary blic r )
My Commission Expires: �114.3� Lf J ),M 0 b;v,t:A tn,or•Mkss�r.Hust rrs
—�f- NAY Co,nrrr;ssion Expires tJn
Januar
- Y.5,2024
COMMONW FALTH OF MASSACII IJSETTS
On thief I.--day'of June,2023.before document and signed notary public.personally appeared Andrew
N.Barr, roved to me through satisfactory ev idencc of identification to be the person whose name is
Sig '� ,Seeding document,and acknowtcdged the signing thereof to be his/her free act and deed.
Notan•Public lvi-"g C ,: .:< Nancy Barr
my Commission lxpires: qr
_ C ��( .1 1 .Y com,ar al.
MY Commissia',Expires March 9,2029
COMMONWFAT TH OF MASSACHUSETTS
On this /L--"day of June,2023.tx;fore document and signed notary public,personally appeared Andrew
P.Marc=: ek,proved to me through satisfactory cvidencc of identification to be the person whose name is
signed on the r ding document,and acknowledged the signing them-of to lx his/her free act and deed.
�sz
'votary Public ,� _�u-ta �•�, Nancy Bart
c f ._
MyContmissionExpiras: 7 ,1(% `� rr
- My Garmkstcn l xplros March 9,2 T29
COMMONWE:ADH OF NIASSAC1413SETTS
On thi of"Jung,2023,befiire document and signed notary public;personally appeared
Caroline.Nf=inek,proved to me through satisfactory evidence of identification to be the pem)n whose
name is signed on the preceding ducume.nt,and acknowledged the signing thereol'to be his/her free act
and d
Notary 1'ubrc L M-Gi .'� Nancy Barr
My Commission Expires: �t.._ .c. :� roan'rx�C°�of Usoachvooft
` My Commission Expires March 9,2M
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
c_oarnonan