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411 Letters BOARD OF HEALTH JOHN T.JOYCE,Chairman ANNE BORES, M.O. MICHAEL R. PARSONS PETER J.McERLAIN, Health Agent October 13, 1995 Attorney Anne Parizo 351 Pleasant Street Northampton, MA 01060 Dear Attorney Parizo: CITY OF NORTHAMTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH RE: 411 Westhampton Road 210 MAIN STREET 01060 (413) 386-6950 Ext.213 At the request of Bill Fennessey, of Goggins &Whalen, I am writing to confirm that the septic system installed on September 1, 1994, at the M. Lizee property, 411 Westhampton Road, Northampton, was in compliance with the requirements of Title 5. Per 310 C.M.R. 15.301(4), this property is exempt from the inspection requirement, as a certificate of compliance was issued on September 1, 1994, less than two (2) years prior to the transfer. A copy of the Certificate of Compliance is attached. Please contact the Board of Health Office with any questions concerning this matter. Very truly yours, eter cErlain Health Agent PJMcE/cdh Enc. cc: Bill Fennessey n i� 411 WESTHAMPTON RD JS-2007-001298 Project Detail Report Printed On:Wed Jan 18,2012 Project Nam CIS#: 7159 Project No; APARTMENT S 2007-001298 'Owner of RecordiETCHELLS MAUREEN C&MARC 9:044 '°S. Map: 36 Date Submitted: Feb-21-2007 125 MAIN RD F -- WESTHAMPTON,MA 01027 • �' Block: '73 Status: Open r Lot: 001 Work Category: Work Location: 411 WESTHAMPTON RD r Proposed Use: District: �M 54 so�„sY Dec riplion Proposed NIS¢DetailS Subdivision �t Comments: of Work: Department Status GeuTMS Module: Status File No. Comments: IA:Date: Board of Health GREEN I LAG RHJ-2012-000001 Building,Electrical&Mechanical Permits GREEN FLAG BEM-2007-001254 Planning GREEN FLAG PL-2010-000048 Zoning Board of Appeals GREEN FLAG 713-2010 000021 .°- Permit History I.,o, Type: Permit NO: Issue Date Status Work Cntegor} %,,�� Cnnvnetor Project No: Description of Work: a{ Building BP-2007-0805 DENIED ACCESSORY APARWER I 1S-2007-001298 RENO&UPDATE BLDG IS'f FIR !! OPFICE/WORKSI TOP,2ND Fl ACCESSORY APT IN DF.T SI RUCTURL ZONING PERMIT APPLI MP-2007-0090 DENIED Zoning Permit JS-2007-001298 ZPA-DET STRUCTURE ACCESSORY APARTMEN 1' age I of OeoTMS�?2012 Des Lamers Municipal Solutions.Inc Maureen and Marc Etchells 411 Westhampton Road Florence, MA 01062 Map 36, Plot 073 City of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street • Municipal Building Northampton, MR 01060 February 26, 2007 Dear Maureen and Marc, /I Your zoning permit application (MP-2007-0090) and your u1din erflt •.lication (BP-2007- 0805)were reviewed on February 22, 2007. Both applications were deh ate-• • e City of Northampton Zoning Ordinance §350-4.10, §350-10.10 and §350, Attachment#2.'A riance from the Zoning Board of Appeals is required to allow use of the detached structure as a dwelling unit. You must discontinue the unlawful use of this structure immediately. We will inspect the structure on March 6, 2007. At that time, it must not be occupied as a dwelling unit. We also require that you remove or disable the bathing fixture (bathtub or shower)in the detached structure, and that you submit a notarized stating that the structure will not be occupied as a dwelling unit until such time as the permits required by the zoning ordinance have been obtained and until a certificate of occupancy as a dwelling unit has been issued. If, at the time of our inspection, you have not complied with the above listed conditions, we will institute the appropriate action or proceeding at law to prevent any further unlawful use and to correct such violations. This letter shall serve as notice of violation and order under Section 350-4.8 of the Zoning Ordinance of the City of Northampton. If the notice of violation and order is not complied with promptly, the Zoning Enforcement Officer, upon written request to the City Solicitor, shall have available the services of the City Solicitor in instituting the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain, correct or abate such violation. Penalties for violations may be affixed in an amount not to exceed one hundred dollars ($100.00)for each offense and or court action. Each day or portion of a day, that any violation is allowed to continue shall constitute a separate offense. Please call if you have any questions. Our telephone number is 587-1240 and our office hours are Monday through Friday, 8:30 am to 4:30 pm, excepting that we close at 12:00 noon on Wednesdays. My email address is Hasbrouck(c�city.northampton.ma.us. Thank you for your cooperation in this matter. Louis Hasbrouck City of Northampton Local Inspector and Zoning Enforcement Officer lhasbrouckAcity.northampton.ma.us cc Janet Shepard, City Solicitor Anthony Patillo, Building Commissioner Maureen and Marc Etchells 411 Westhampton Road Florence, MA 01062 Map 36, Plot 073 City of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street • Municipal Building Northampton, MA 01060 FILE COPY February 12, 2007 Dear Maureen and Marc, The zoning permit application (MP-2003-0030)we approved and the building permit(BP-2003- 0156)we issued in August 2002 were to allow the construction and use of a home office in the existing garage building at 411 Westhampton Road. Constructing and occupying that space as a dwelling unit violates Zoning Ordinance of the City of Northampton, sections 350-4.4, Zoning Permit Required, 350- 4.5, Certificate of Use and Occupancy Required, and 350-10.10 Accessory Apartments. You must discontinue the unlawful use of this structure and obtain the necessary permits and inspections within five working days. If you fail to do so, we will institute the appropriate action or proceeding at law to prevent any further unlawful use and to correct such violations. This letter shall serve as a notice of violation under Section 350-4.8 of the Zoning Ordinance of the City of Northampton. Please call if you have any questions. Our telephone number is 587-1240 and our office hours are Monday through Friday, 8:30 am to 4:30 pm, excepting that we close at 12:00 noon on Wednesdays. My email address is Ihasbrouck(aulcitY.northampton.ma.us. Thank you for your cooperation in this matter. Louis Hasbrouck City of Northampton Local Inspector and Zoning Enforcement Ihasbrouck(phcity.northampton.ma.us cc Janet Shepard, city solicitor Attachments: Excerpts from Zoning Ordinance of the City of Northampton Copy of Zoning Permit Application MP-2003-0030 Copy of Building Permit Application BP-2003-0156 BOARD OF HEALTH DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. Benjamin Wood,MPH,Director Daniel Wasiuk,Health Inspector atricia Abbott,RN,Public Health Nurse Heather McBride,Clerk anuary 23, 2012 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET (413)587—1214 NORTHAMPTON,MA 01060 FAX(413)587- 1221 I&B Real Estate 9 Cherry Street iolyoke, MA 01040 ie: Septic System Inspection at 411 Westhampton Road, Florence, MA -o Whom It May Concern: he Northampton Board of Health is in receipt of a report on the Subsurface Sewage Disposal System nspection conducted by Brian Pranka Title 5 Inspections at 411 Westhampton.Road, Florence, on December 10, 2011. That inspection report indicates that the subsurface sewage dis�ibgal sy' to that Address Needs 'urther Evaluation by the Local Approving Authority as defined in Section 15`4. of p'l.�0, State Environmental Code, Title 5. j rherefore, in accordance with the provisions of 310 CMR 15.000 of the State Environmental Code, Title 5, and inder authority of Massachusetts General Laws, Chapter 21A, Section 13, the septic system design nformation has been reviewed by me to ensure compliance and evaluated because of the Title 5 Official nspection conducted by Brian Pranka. The review has indentifed the septic system constructed in 1994 to only accommodate 4 bedrooms with a garbage grinder. My understanding is the home has 6 bedrooms and an apartment to the right of the home with 2 additional bedrooms. Simply, the septic system is not designed to handle the loading rate and does not lave the capacity for these 8 bedrooms. Again, the design flow based on the septic system design dating Dock to 1994 would not be able to serve the existing 8 bedroom home (capacity is 4 bedrooms with garbage grinder). My findings entail a septic system that can only handle daily effluent from the home to be a maximum of 6 rooms. This is contingent of the garbage grinder being removed. Pursuant to the provisions of regulatory statutes, changes to either the home (i.e., reduction of bedrooms, removal of garbage grinder to serve 6 bedrooms) and/or modification of the leaching area of the septic system must be initiated to be in compliance. The total daily flow can be 660 gallons per design (110 gallons for each bedroom, maximum being 6) with the garbage grinder being eliminated. The actual design by W. J. Sieruta states a design flow accommodating 4 bedrooms with the garbage grinder being included, this totaling 660 gallons. The Northampton Board of Health will not accept the Title 5 Official Inspection as a Pass or Conditional Pass at this time due to the increased bedrooms at this location. In addition, the changes to either the number of bedrooms and/or septic system leaching area must be conducted in order to conform to 310 CMR 15.000 of the State Environmental Code (Title 5). herefore, in accordance with the provisions of 310 CMR 15.000 of the State Environmental Code, Title 5, and 'der authority of Massachusetts General Laws, Chapter 21A, Section 13, you (or the subsequent owners of e property) are hereby ordered to upgrade the subsurface sewage disposal system at 411 Westhampton odd within two (2) years of the date of the inspection, (by December 10, 2013). If any degradation of the Dwage disposal system occurs (e.g. sewage flowing to the surface of the ground), you may be required to omplete the upgrade sooner This order is contingent upon keeping the number of bedrooms to eight (8) and of reducing number of bedrooms to six (6) or less including removal of the garbage grinder. II work to repair/upgrade the subsurface sewage disposal system must be performed by a licensed sewage isposal system installer, in accordance with the requirements of 310 CMR 15.000, and with plans prepared by Registered Sanitarian or Registered Professional Engineer and approved by the Northampton Board of lealth. lease be advised that you are entitled to a hearing on this order to upgrade your subsurface sewage disposal ystem, provided that you file a written petition requesting such a hearing in the Board of health office within even (7) days of the receipt of this notice. 'lease feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this iotice. -hank you for your anticipated cooperation in this matter. sincerely, )anie Wasiuk lealth Inspector, Northampton Health Department FILE rppy January 27, 2012 To the Board of Health,City of Northampton,MA and to whom it may concern: I am the pending buyer for the property located at 411 Westhampton Road, Northampton, MA. I have read and understand the order in the letters from Louis Hasbrouck at the Department of Building Inspections dated February 12th and 26th, 2007 concerning the property. I will comply with the order and conditions that require that the detached structure on the premises cannot and will not be used or occupied as a dwelling unit. Furthermore,as advised by the City's Board of Health,upon closing on the property I will remove the garbage disposal unit in the kitchen of the main residence so that the house can be potentially used as a six bedroom home and so that the property will be in compliance with the existing septic system design. Respectfully Submitted,77_,.....,... Gregory R. Haas 88 Bridge Street Northampton, MA 01060 (413)584-0352 BOARD OF HEALTH DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. Benjamin Wood,MPH,Director Daniel Wasiuk,Health Inspector 'atricia Abbott,RN,Public Health Nurse Heather McBride,Clerk January 30, 2012 B&B Real Estate 59 Cherry Street Holyoke, MA 01040 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01060 Re: Septic System Inspection at 411 Westhampton Road, Florence, MA To Whom It May Concern: The reason for this letter is regarding the Title 5 Inspection conducted at 411 Westhampton Road. Upon receiving additional information about the concern of bedrooms at the residence, the Northampton Board of Health has determined the actual amount of bedrooms to be satisfactory and acceptable to the septic system design. The number of bedrooms at the residence will remain at four(4)with a garbage grinder or the number of bedrooms can be increased to six (6), contingent on the removal of the garbage grinder These bedroom numbers will accommodate the design flow of effluent from the septic system and will ensure compliance with regulatory statutes. The Title 5 Inspection conducted by Brian Pranka on December 10, 2011 will be deemed a Pass by the Northampton Board of Health. No additional information will be necessary for the septic system to be compliance with Title 5 (310 CMR 15.000, State Environmental Code). Please feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this notice. Thank you for your anticipated cooperation in this matter. Sincerely, Daniel Wasiuk Health Inspector, Northampton Health Department CC: Gregory Hass, Pending Buyer