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Home My WebLink AboutMiscellaneous - 26 STANTON WAY 1/19/2016 (2) i No North Andover Health Department (ommunity Development Division Date: December 22,2015 North Andover,MA 01845 Re: Building Permit Application for finishing a room at 26 Stanton Way; Dear: Mrs. Brosnihan, Your application for a building addition was reviewed by the Health Department on December 22,2015. Unfortunately, the application cannot be approved by the Health Department for the following reasons found below. Please see email correspondence between you and the Health office on prior occasions; May 28, 2014 and November 10, 2014. Your proposal exceeds the allowed total number of rooms as related to the septic system. 1. x Missing information -A deed restriction for the numbers of rooms has not been accepted by the Board of Health as required by Title V 2. x Undersized septic system—home is maxed out with number of rooms as related to the flow of the septic system. To address the problem(s): Please supply: a. A draft deed restriction must be submitted for review. Please feel free to call the Health Office at 978-688-9540 with any questions you may have. Sic rely, Michele Grant, Health Inspector Cc: Building Department File I Grant, Michele FVV deed restriction Attachments: Sample Deed Res hdion.pdf, 2U151222l236.pdf Hi Teresa, As per our phone conversation,the deed that was recorded and submitted today tnthe health department is related to the terms and provisions ufthe Declaration of Restrictions and Easements relating toashared driveway. | am forwarding a Missing information letter, as well as Sample Deed Restriction. When you are completed with the � Deed Restriction, please feel free to bring it to the Health Department and I will be glad to take a look at it prior to your � submitting it10 the Registry ofDeeds. Sincerely, Michele E.Grant Public Health Agent Town of North Andover 1GOU Osgood St I Suite 2035 North Andover,K4A 01845 Phone 978.688.9540 | Fax 978.688.8476 \ Email \ Web www,TownofNorthAndover.com � Fromm: Sawyer, Susan Sent: Monday, November 10, 2O1411:37AM To: bill.broz@comcast.net Subject: FVV: deed restriction Below is the link to the draft sample via the Topsfield health dept. You would just change it to (4) bedroom Be well, Susan Susan Sawyer Public Health Director Town nf North Andover z§OO Osgood Street Suite 2035 North Andover,MA 01845 1 I Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawyer @townofnorthandover.com Web www.TownofNorthAndover.com 1 From: bill.brozncomcast.net [mailto:bill.broz@corncast.net] Sent: Wednesday, May 28, 2014 2:09 PM To: Sawyer, Susan Subject: Re: deed restriction Thank you. I will forward to my lawyer. I appreciate all your work on this Thanks Bill Brosnihan Sent from my HTC smartphone on the Now Network from Sprint! ----- Reply message ----- From: "Sawyer, Susan" <ssawyer a,,,townofixorthandover.com> To: "m)reen(�i)greenandconapanco " <m t� eenCz)gree nandcompany.com> Cc: "'bill.broz bill.broz@comcast.net... <bill.broz(comcast.net> Subject: deed restriction Date: Wed, May 28, 2014 1:49 pm I had an old address for Mr. Green; resending From: Sawyer, Susan Sent: Wednesday, May 28, 2014 1:47 PM To: michael c,greenandcompany.com; 'bill.broz@comcast.net' Subject: deed restriction Good Afternoon, The email below is in regards to the use of a Deed Restriction on a new home; specifically the flow rate of the septic system as it relates to the number of rooms. Please let me know if you have any other questions. Thank you, Susan Use of Deed Restriction Below is out the MA DEP Regulation 2 i t l 310 CMR 15.02 Definition - Bedroom (a) floor space of no less than 70 square feet; (b) for new construction, a ceiling height of no less than seven feet three inches; (c) for existing houses and for mobile homes, a ceiling height of no less than seven feet zero inches; (d) an electrical service and ventilation; and f (e) at least one window. Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms. Single family dwellings shall be presumed to have at least three bedrooms. Where the total number of rooms for single family dwellings exceeds eight, not including bathrooms, hallways, unfinished cellars and unheated storage areas,the number of bedrooms presumed shall be calculated by dividing the total number of rooms by two then rounding down to the next lowest whole number. The applicant may design a system using design flows for a smaller number of bedrooms than are presumed in this definition by granting to the Approving Authority a deed restriction limiting the number of bedrooms to the smaller number. The link is to a sample deed restriction. It allows an owner to have more that the total number of rooms as allowed by code; but requires the number of rooms that are clearly bedrooms to be the actual number. Hence a 4 bedroom (9-room home) could be allowed to finish the basement into a playroom and/or the attic into a study area, but never be converted into and or sold as a 5-bedroom home. You are not obligated to use this form, but before altering, I would seek legal counsel. Generally,the deed notice should be drafted by the applicant's attorney and recorded on the deed before we would sign off on a building permit. The deed notice should indicate the reason for it is being drafted, that the owners cannot represent the house as having more than 4 bedrooms, and that the restriction can only be removed with approval from the board of health htto://www.topsfield-ma.gov/doeLiinents/health/documents/'f itleVBedrooiiiCouiitDeedRestrictioii.pdf Projecting forward: If there is no deed restriction and later on there is a desire to increase rooms or to add on, it would be more involved and not a guarantee. A 4-bedroom house by definition cannot be greater than 9 rooms. Currently, Under 15.204 and elsewhere in Title 5, it is clear the Health Dept cannot approve the expansion of an existing facility to include flow beyond the design capacity of the system and future expansion would need the upgrade the system to meet new construction standards before we could authorize the additional bedroom (or, alternatively, they would need to re-design their addition to eliminate walls or somehow keep the room count down to where it stays with flow that does not exceed the design flow) Deed restrictions after the fact, are generally subject to review by the Board of Health, who will determine whether to accept or deny it based on information given at the time. Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover, MA 01845 3 Phone 978.688.9540 Fax 978.688.8476 Email m a i Ito:ssawyegr�iC(ai,)),,ttownoifiiiortliaiidovercoi-ii Web www.'I'owiic)fNortliAtidover.com<htti)://www,townofnorthaiidover.com/> [cid.ima,eOOl.W d)O1CF7A7B.A53CICEO1 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: l,ittp://www.sec.state.ma,us/pre/preidx.htm. �reidx�.htni. Please consider the environment before printing this email. I, BUILDING PERMIT %AORTH H TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION '- Permit No#: Date Received ��SSaCHUS'��RS Date Issued: IMPORTANT: Applicant must complete all items on this page « !f �1,i,�� „ 1„ Y ,., � ,o,,� IVNI ✓ :" � J r r A � iu � S O , Ma hen a I a e s TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building M"One family ❑Addition ❑Two or more family ❑ Industrial $(Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other / ar,,,rr ✓iui r � i/ „rttrty/ii ..rrr / r. ,,,, aiii .u� i r,t , r ,rJ r✓r ,.r,i� ii � /r, r ✓// /, /i, r ,Ila rllr ,/. i/ / r r,✓ „ /ii ?r`,�r�kJrrrrar olril a _iiu /F.Oa�ci 6011r, //,✓ f/Floo lai l /0 Wef( nds„/,///�/ ❑r�(a e s�ed D sf,NCt/// ® �� t, DESCRIPTION OF WORK TO DE PERFORMED: Gtr_ ffw4''t .4^+Aetc\r6 ti, -'ec. r"C..�'� r'�I�rJ ��..�. .a1G� f.� .fV .�"9' fS` 4AJ �°f 1 Q 43C C� � 41)� '.. oy Identification- Please Type or Print Clearly OWNER: Name: i re.5�; 13cc> r,�h Phone: 1 113 3�0 JUG, Address: i / / // / / // ., � Milli 1J�urr6Uwr�f1�h,1�7r�D1��;e N.,),�I Nrn�r r��,ry:,N 1`f n��mOi°�lP,U a��u,�?,,:j;.,ke vmw�,,,,�tlV ar N Jhr�mtmrm..CPDo Gm7 P8e oim�,�?S,iv�AVelo�'af�w N..,'��,., n,��n,,�.'v%�, N 1,I�i��il/�J��f i 1_�_.�l�'?'1��1,�l,1��J '�J�'(�✓��i/r,/1��_!in m.�mrt�im�J�l��7.�,�,,�nDr�"d lGn.a icv Y UeU,Wb�i r,l f� I -�-. t SUNNI,,,— I i ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE;BULDING PERMIT:$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F. Total Project Cost: $ $ ! CO FEE: $- Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the gicaranty fund ,; �Signature'rof Agent/Owrier,: „ Signature of contractor _ . 1 Plans Submitted ❑ Plans Waived.❑ "Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ TanningWassage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc, ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM . PLANNING & DEVELOPMENT Reviewed On Signature_ COMMENTS CONSERVATION Reviewed on COMMENTS HEALTH Reviewed on t !4 Si n t-ur ' I COMMENTS a_ — /V) 2CO on 'Ll 5 Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street r CU l� ( tll. GN Mi @la � r ✓ r n.. ,r /,,; �� , , / I f .r 6 (SI Is N V O (31 C3 W 11 W---1 ocm10 ±o n 80 O X.2 O it pp-S ('3 1 t7 " � °o�° 1 n o � �� -lon�i „ �v -i' 11 µis II g (23 H Q 1 O Cn!s.l1 11 '-( C7-S(Q "( 1 d 3 1 m pN 11 O Sm m H �(NO ij 0 3mm 0 m: N Q co C7 N „0 n i 00-1 (`OS7 ii m o C)Z I n -V -X (-+� � flsl mQa I � �I�N I mE; i v �i N f 1 H zm v u = c_m 3 Hr i O..(L2 11 (D (a N---I i H J(D 11 (D N (Q N I H Z J(D t O T7 I O 1 II (D O`C n N N C) Z p II .. -(.• C I Z d(Q N �- h(D m 1>(o N 11 m 0�-1 1 ❑ V7 D :7. H (D O -G I ry li j �° ii NCO 11 -3 C Do K> CD „ N I I O -S 0 ID O-0 (.f7 H 11 11 (D F 11 11 I II H N 1 j D G3 1--' 11 1 I T Cn7 is 11 W 1 I Z :A pop i i N i O N i 1�m ((''337 (037 N i O N 0 O`wd a (31 1 (3f Cl 0 1 p O t31 (31 0 0 1 T+ OD 6r 11 1 i 3 "a �� 0 O O O 1 000 1 3 ij O i 000 p Co O I 0 0 0 I H 'w� I Grant, Michele To: Teresa Brosnihan Subject: RE: deed restriction Sounds good Teresa, I sent you the schedule for the registry of deeds. I sent it after I sent this email. Merry Christmas to you and your family Michele E.Grant Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mgrant@townofnorthandover.com Web www.TownofNorthAndover.com From: Teresa Brosnihan [mailto:teresabrosnihan @yahoo.com] Sent: Tuesday, December 22, 2015 1:22 PM To: Grant, Michele Subject: Re: deed restriction Hi Michele, Thanks so much for the call and email today. This attachment seems pretty straight forward and easy enough to complete. I can ask my attorney if he will review and do it for me and then I will scan it and send it for your review if you don't mind doing that for me. Then we can file it after that. And maybe we will get lucky and you will get the approval to sign off on it instead of going before a board. That would be awesome. This is a first time ever for us so we needed a lot of guidance. I should have called you months ago (my fault) instead of just having the deed restriction done as the 4 bedroom. Live and learn as they say. Thought we were doing the right thing at the time. Anyways, I am hoping he can get to this next week for me but we'll see. I will be back in touch at some point (hopefully soon) so we can try to continue with our end of January remodel plans instead of pushing it off. 1 I thank you very much for your time, help and assistance on this. wish you a very Merry Christmas and I hope you have some good time off this week. All the best, Talk soon. Teresa Brosnihan On Tuesday, December 22, 2015 12:21 PM, "Grant, Michele" <MGrant—townofnorthandover.com>wrote: Hi Teresa, As per our phone conversation, the deed that was recorded and submitted today to the health department is related to the terms and provisions of the Declaration of Restrictions and Easements relating to a shared driveway. I am forwarding a Missing information letter, as well as a Sample Deed Restriction. When you are completed with the Deed Restriction, please feel free to bring it to the Health Department and I will be glad to take a look at it prior to your submitting it to the Registry of Deeds. Sincerely, Michele E. Grant Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mgrantc@townofnorthandover.com Web http://www.townofnorthandover.com/ From: Sawyer, Susan Sent: Monday, November 10, 2014 11:37 AM To: bill.broz(o)comcast.net Subject: FK deed restriction Below is the link to the draft sample via the Topsfield health dept. You would just change it to (4) bedroom Be well, 2 I