HomeMy WebLinkAboutLegal Document - 39 HAWKINS LANE 1/4/2016 Bk 11551 Pg235 #10281
DEED RESTRICTION
Pursuant to 310 CMR 15-000 Title 5,and as a condition of the approval of the proposed two(2)room home addition by the
North Andover Board of Health,notice is hereby given that real estate located at 39 Hawkins Lane,North Andover,
Massachusetts,Assessor's Map 210/Lot 106.C-0124,as described in a deed from Thomas Scott to TMS Realty Trust,
Thomas Scott,Trustee,dated December 16th 1993 and recorded in the Essex County Registry of Deeds in Book 03933 and
Page 0060,is the subject of review and approval under the Town of North Andover 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,
At the regularly scheduled North Andover Board of Health meeting held on March 26th 2009,the Board voted unanimously
to accept this deed restriction granted to them by the property owner allowing the existing septic system to be considered in
compliance with the requirements of Title V which otherwise would not be in compliance based upon the total number of
rooms. Reference made herein to a future upgrade of the existing system shall mean that a new system be engineered and
installed which conformsfifily to the requirements of Title V by using the actual number of rooms as the basis of the design of
the new system.
This review and approval is within the jurisdiction of the North Andover Board of Health and is subject to the following
conditions,
1. A Title V inspection shall be conducted by a licensed Title V inspector hired by the Homeowner every three years to
ensure the health of the septic system,
2. There shall be no change to the configuration or number of bathrooms nor change in the occupancy of the home
without the upgrade of the septic system,
3. This approval will expire upon the entrance into any purchase and sale agreement far the home and at such time,the
current Homeowner will be required to upgrade the existing septic system to conform with all the current Title V
requirements. The upgrade of the septic system must be completed prior to the sale of the property. Failure to
upgrade the subsurface disposal system will result in an immediate issuance of a Board of Health,Order to Correct,
4. This deed restriction would be lifted prior to, or at the time of the sale, when the septic system is appropriately
upgraded or if and when the owners conduct a sewer tie-in.
Signed and seal this
-day of April,2009.
k E E I V E D
Commonwealth of APR 2 4 2009
W
Essex,s.s. Date.April_S!:�2009. 7(,)WN U�NORTH ANDOVER
HCALTH DEPARTMENT
Then personally appeared the above-named Thomas Scott and acknowledged the foregoing instrume'_n_"Fto billsT FtCnT--"
deed,before me.
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PUBLIC HEALTH DEPARTMENT
Community Development Division
March 27,2009 Sent via Regular Mail&Electronic Mail: RFBArch(c7i,aol.com
Richard Bernstein,Architect
Architecture and Planning
390 Commonwealth Avenue
Boston,MA 02115
Re:39 Hawkins Lane,North Andover,MA
Dear Mr.Bernstein:
At a regularly scheduled Board of Health meeting,which was held on Thursday,March 26,2009,the Board of
Health made a motion on the following:
Motion
Dr.MacMillan made a motion to authorize the Health Director,to secure an agreement from the homeowner
as follows:
1. Conduct a Title 5 inspection every three years to ensure the health of the septic system
2. Prepare a deed restriction to maintain the half bathroom on first floor,as outlined in the current
plan.
3. The Board of Health will accept the current deed restriction to limit the home to four bedrooms.This
approval will expire upon the entrance into any purchase and sales agreement for the home.
4. The deed restrictions would be lifted prior to,or at the time of the sale when the septic system is
appropriately upgraded or if and when the owners conduct a sewer tie-in.
The motion was seconded by Anne Brennan. All were in favor.
Please note that the documents requested must be legally binding documents submitted and approved by the Health
Department prior to registering them as official deed restrictions.
The homeowners building project may move forward once all these requirements have been met,and the Board of
Health has copies of all the appropriate paperwork. Thank you for your assistance in this matter.
Sincerely,
f'
usan Sawy f REHS/RS�_.
Public Health Director
Cc: Building Department
Homeowner—Tom and Maureen Scott
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
i
RICHARD I:ERNSTEIN ARCHITIaCT
390 COMMONWEALTH AVENUE,Unit 302
BOSTON,MASSAC I IUD>ETTS 0221.5
('TEL)6 17-236-4742 (FAX)617-236-47:38
March 12, 2009
Susan Sawyer,Public Health Director
Town of North Andover
1600 Osgood Street
North Andover, Massachusetts 01845
Dear Ms. Sawyer:
Re: 39 Hawkins Lane
This letter is to request to be on the agenda of the next Board of Health hearing
scheduled for March 26t112009 for the purpose of seeking a variance to the Title 5
flow requirements for this property.
The existing house includes 4 bedrooms on the 2114 floor,4 rooms on the 1St floor
and a finished recreation room in the basement. The proposal is to build an
addition consisting of 2 rooms off the living room on the 1St floor, one to be used
as an exercise room and the other as a home office.
It is our intention to register a deed restriction limiting the use of the house to the
existing 4 bedrooms. We are aware that this variance would be contingent upon
passing a Title 5 inspection, which we hope to complete prior to the hearing date.
We further understand that in the future if the house was to be used for more
than 4 bedrooms, the existing on-site septic system would have to be upgraded
to conform to current Title 5 requirements and that Board of Health approval
would be required.
Respectfully submitted,
Richard Bernstein, Registered Architect
On Behalf of the Owners, Tom and Maureen Scott