HomeMy WebLinkAboutMiscellaneous - Exception (498)Dr. MacMillan asked,if the basement is below grade. It is below grade visually from the front, but the back
has a walkout from the basement, so would be considered a habitable room. The homeowner states that no
bathroom is going to be added in the build out. A discussion between the Board of Health members and the
homeowner ensued, regarding the number of rooms, and the septic system that was planned and built for
this property.
Dr. Trowbridge noted that the homeowner has not presented any documentation of hardship to the Health
Department to present his case for a variance. Dr. Trowbridge would like the homeowner to come to the
Board of Health with alternatives to show the reasons why the project is cost prohibitive, or another reason.
Mr. Fixler asked how much it would be to upgrade the septic system. The homeowner has not gotten an
official written quote, but received an informal estimate from his contractor that priced an upgrade of the
septic system at around $25,000. The homeowner states that the project of building out the basement is
also $25,000, so his costs would double, and his budget was not planned for that.
Dr. MacMillan asked what the build out would entail..,. dropped ceiling; walls; insulation; rugs, etc.
Ms. Sawyer that a room needs to be at a minimum size of 7' x 10' to meet the building code.
Mr. Fixler asked how often these types of requires come through. Ms. Sawyer stated that these types of
requests come through to the Health Department on a weekly basis.
Dr. Trowbridge cautioned the Board members about setting precedence by allowing this variance without
valid proof of hardship to the current homeowner. If a deed restriction is placed on the property to allow no
more than a certain amount of bedrooms, it places a negative value on the property for resale. Dr.
Trowbridge again reiterated that he requires proper documentation be submitted by the homeowner to
demonstrate hardship.
Mr. Canellakis stated that he is not planning on spending any additional money on the septic system. Ms.
Sawyer stated that a current Title 5 inspection is required with any building application on a property which
maintains a septic system. The Title 5 report is a 13 point check -off system that provides a snapshot of the
septic system as it currently works. Mr. Canellakis again stated that he has a budget for the build out and is
not willing to spend additional monies to upgrade the septic system.
Mr. Fixler sympathized with the homeowner; however lie stated that the Board of Health has a duty to
uphold the current state and local regulations under their purview.
Dr. MacMillan feels that the criteria of the Title 5 code in this case are manifestly unjust. Dr. MacMillan
quoted the criteria of Title 5, Section 15.410— Variances — Standard of Review:
SUBPART E: PROCEDURES FOR SEEKING AND RECEIVING LOCAL UPGRADE APPROVALS
AND VARIANCES FROM THE PROVISIONS OF SUBPARTS B AND C OF 310 CMR 15.000
(a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.0-
00 from which a variance is sought would be manifestly unjust, considering all the relevant facts and
circumstances of the individual case; and
(b) The person requesting a variance has established that a level of environmental protection that is least
equivalent to that provided under 310 CMR 15.000 can be achieved without strict application for the
provision of 310 CMR 15.000 from which a variance is sought.
February 24, 2011 North Andover Board of Health Meeting — Meeting Minutes Page 2 of 7
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 Fixler, 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; Pamela DelleChiaie, Health Department Assistant