HomeMy WebLinkAboutRecorded Deed Restriction Bk 32076 Pa 134 26326
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BOARD OF HEALTH
DEED RESTRICTION
Date: June 7,2019
Owner: Hildur S. Kidney
Address: 54 Cedar Street
South Yarmouth, MA 02664
PROPERTY ADDRESS: 28 Bliscott Avenue TOWN: South Yarmouth
Assessor Map:41 Parcel: 6
Barnstable County Registry: Book: 25325 Page:278 Lot: 18 and 18A
Certificate: LCP: Lot:
As required by the Town of Yarmouth Health Department, I/we, Hildur S. Kidney hereby acknowledge that the approval by
the Town of Yarmouth Board of Health for the installation of the new septic system requires that a deed restriction be placed
on record with the Barnstable County Registry of Deeds for the above referenced property, in accordance with 310 CMR
15.000: The State Environmental Code, Title 5, and/or the Town of Yarmouth Subsurface Sewage Regulations.
Per engineered plan prepared by AJM Site Design, LLC and dated 10/22/18,the following restrictions apply:
1. Maximum number of bedrooms not to exceed 2 (two) per design restrictions, Title 5, 310 CMR 15.002,
Bedroom Definition and Minimum Design Flows
2. Title 5/Town of Yarmouth Approved Variances:
a. A variance of 7'+/-from SAS to cellar/crawl space wall
b. A variance of 2.6'+/-from SAS to property line
Yarmouth Health Depart. ent:
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y L. von Hone, Assistant Health Director, R.S., C.H.O. Date
Owner/Representative:
I/We have read and fully understand the conditions of the above restrictions and accept them as written:
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Hildur S. Kidney 0� Dat
Date
BARNSTABLE REGISTRY OF.DEEDS
John F. Meade, Register
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., Telephone(508)398-2231 ext.1240, Fax(508)760-3472
BOARD OF HEALTH
April 12, 2019
Hildur Kidney
54 Cedar Street
South Yarmouth, MA 02664
RE: Two Bedroom Deed Restriction 28 Bliscott Avenue,Yarmouth,MA
Dear Ms. Kidney:
Please find enclosed the Two Bedroom Deed Restriction which is required as part of the septic
system approval process for the replacement of the septic system at the above address.
The Deed Restriction must be signed and dated by the current owner(s) or legal designee. Once
the restriction is signed,please have the original restriction recorded and stamped with the new
Registry recording information at the Barnstable County Registry of Deeds, 3195 Route 6A,
(P.O. Box 368)Barnstable, 02630. The recording fee at the Registry is currently$ 75.00. A
copy of the stamped Restriction must then be returned to the Health Department as proof of the
recording prior to issuance of the Title 5 Certificate of Compliance which is typically issued
upon installation and approval of the septic system. Your septic engineer may be able to assist
you with processing the paperwork, if needed.
If there are any further questions,please contact this office at 508-398-2231 X1240. Thank you
for your prompt attention.
Sincerely,
Amy . von Hone, R.S., C.H.O.
Assistant Health Director
cc: file
,,., ,.... TOWN OF YARMOUTH
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H11 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-24451
MATTACXEESE
Telephone(508)398-2231 ext. 1240, Fax(508)760-3472
BOARD OF HEALTH
ADVISORY LETTER
DATE: January 3, 2019
TO: Engineers and Registered Sanitarians
FROM: Amy von Hone, R.S., C.H.O.
Assistant Health Director
RE: Deed Restriction Submittal Requirements for Septic System Construction/Repair
As a reminder, the following criteria are required for those properties located within a Zone II or have approved
variances that restrict additional sewage flow to an existing dwelling. To alleviate potential problems with
future additions, the following conditions will apply:
VARIANCES TO GROUNDWATER:
Existing 2 bedroom dwellings may design for the required minimum 3 bedroom size system if there are no
variance requests to groundwater. If a variance to groundwater is requested for an existing 2 bedroom
dwelling, a 2 bedroom deed restriction must be recorded on the property deed if the septic is designed for
either a 2 or 3 bedroom capacity system. Variances to groundwater will not be granted for oversized
systems unless a bedroom restriction is placed on the property deed.
ZONE II—WELLHEAD PROTECTION AREAS:
Existing 2 bedroom dwellings may design for the required minimum 3 bedroom size system if the subject
lot is large enough to meet the Zone II requirements for a 3 bedroom system (with or without an alternative
septic system). If the subject lot does not meet the minimum lot size requirements based on a standard Title
5 system, a 2 bedroom deed restriction must be recorded on the property deed if the septic is designed for
either a 2 or 3 bedroom capacity system. Oversized systems will not be granted for undersized lots
based on the Zone H lot size requirements unless a bedroom restriction is placed on the property
deed.
Required Bedroom Deed Restrictions must be noted on the septic plan.
Effective February 1, 2019, the attached Deed Restriction Template must be completed and submitted to
the Health Department for the Health Director's signature prior to the issuance of the septic installation
permit. It is the applicant's or his representative's responsibility to complete the Deed Restriction for Registry
recording. The signed completed form will be returned to the owner/representative for processing at the
Barnstable County Registry of Deeds. A copy of the recorded restriction must then be submitted to the Health
Department prior to issuance of the Certificate of Compliance. The Deed Restriction Template can be found at
www.yarmouth.ma.us/429/Downloadable-FormsApplications. The Zone II Map layer is now available on
the Yarmouth GIS Map to confirm if the property is located in the Zone II.
H:\OFFICE\AMY\ADVISORY\Deed Restriction Advisory.let.doc