HomeMy WebLinkAboutLegal Document - 445 BOSTON STREET 8/11/2014 Acknowledgement RE: FAST System
Property Address: 445 Boston Street, North Andover, Massachusetts
I, Anand A. Kulkarni, the Buyer of the above-referenced property, have been informed by the Sellers,
Thomas P. Connolly and Maureen Foley Connolly, that there is an alternative sewage disposal system on
the property-the FAST system-and that as the owner of the property I must maintain an operation and
maintenance contract with a Massachusetts certified operator.
I acknowledge receipt of the following items from the Sellers:
A copy of"Standard Conditions for Secondary Treatment Units Approved for Remedial Use"
A copy of"Revision of Approval for Remedial Use"
Title V report
The current operation and maintenance contract with Wastewater Treatments Services, Inc.
A copy of the latest inspection by Wasterwater Treatment Services, Inc.
FAST system Owner's Manual
FAST system Service Manual
FAST system Installation Manual
A copy of the Notice of Alternative Sewage Disposal System recorded with the Essex North Registry of
Deeds ("the Registry")at Book 13943 page 340.
A copy of Variance/Deed restriction recorded with the Registry at Book 7184 Page 125.
A copy of the Department of Environmental Protection approval letter recorded with the Registry at
Book 7425 Page 192.
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Notice of.Alternative Sewage Disposal System
M.G.L.c.21A,§ 13 and 310 CMR 15.0287(10)
(This Notiee to be recorded acrd/or piled for registration in the chain of title of the Property sewed by an Alternative
Sewage Disposal System("Alternative System").l
NAME(S)OF OWNER OF PROPE> TY SERVER BY LTERNATIVE SYSTEM:
hart�'l
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ADDRESS OF PROP WRTY SE RVED BY ALT 1 L7NATIVE SYSTEM: _
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TITLE REFERENCE FOR PROPERTY SERVED BY ALTERNATIVE SYSTEM(check and complete
each that applies(: /(+�!; f °
" I9ced recorded with the ' _legistry of Deeds iu Book ,Page
Certificate of Titte No. issued by the Land Registration Oftise of the Registry District
.�',trriE'csoftitleotftertharyiiydee<t,,,�, .
(ifAlternativeSystem Owner(s)is other thau Property Owner(s),complete the following:l
Alternative System Owner Name:
Alternative System Owner Address:
Wl-ERFAS,Section 15.280 of Title 5 of the State Environmental Code("Approval of Alternative Systems"),
provides for the Massachusetts Department of Environmental Protection(the"Department")to approve or certify,as
appropriate,all proposals to construct,upgrade or replace on-site sewage disposal.systems using alternative systems;
WHEREAS,owners and/or operators of approved or certified alternative systems are subject to general
conditions,as specified in Section 15,287 of Title 5 of the State Environmental Code,310 CMR 15.287,and may be
subject to special conditions,as specified in the Department's approvals or certifications;such general and special
conditions potentially including,without limitation,requirements relating to the use of trained operators,periodic
inspections,maintenance,sampling,reporting and/or recordkeeping;
WHEREAS,Section 15.287(10)of Title 5 of the State Environmental Code,3 10 CMR 15.287(10),
requires that"prior to obtaining a Certificate of Compliance for installation of a new or upgraded system,the
system owner shall record in the chain of title for the property served by the alternative system in the Registry
Page a of 3
..............
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of Deeds and/or Land Registration.Office,as applicable,a Notice disclosing both the existence of tile alternative
on-site system and the Department's approval of the system.The system owner shall also provide evidence of
such recording to the local Approving Authority[,]"and
WEIEREAS,the Property is served by an alternative sewage disposal system.
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NOW,THEREFORE,Notice of an alternative sewage disposal system is hereby given for the
above-referenced Property,as follows:
1.Existence.An alternative system has been installed as anew or upgraded alternative sewage disposal system,on or
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adjacent to the Property,and serves the Property.Thu trade narne and model number(s)of the alternative system are
as follows:
Trade name of technology: 0 —
Manufacturer Plante: --
Model uumber(s):
2, ApproyallCertific ion.On; ,r, L..t.)dntel,the Department,pursuant to its authority under the section
Title 5 as specified below,a ro e or certified the technology used in the above-referenced alternative system,
of Tr p pp
under MassDEP Transmittal Number D ITransmittat Plumber of approval or certification),
deck one of the following;,as applicable:)
Approved for remedial use under 310 CMR 15.284
y Approved for piloting under 3 10 CMR 15.285
Provisionally approved tinder 310 CMR 15.286
Certified for general use under 310 CMR 15.288
A copy of the Department's Approval/Certification is available from the Department in person or online at the
Department's website:littp'///w4vw mass.govlden.
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l this ' � y Pa �� -�:.. �A20 rF^„ 'made by ythe���
WITNESS the execution heicof under seal tlirs day of
above-named Alternative System Owner(s) / " l
lAlternative 8 t C3wner(s
Print Name(s):. `T Ha
t3r'.�pn9+�. Aft
COMMONWEALTH OF MASSACHUSETTS
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On this ay a t - 2d�4 before me,the undersigned notary public,personally appeared
e of document signer),proved to the through satisfactory evidence of
identi I ation,which were to be the person whose name is signed on the preceding or
attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose.
(officia signature and seal t U) � PATRICIA E.SIFFSSLEN
NOTARY P'UBUG
74.R'.1C)RP,'dr-1!.Trs OF MASSACHUSETTS
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Page 2 of 3
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yr[Complete the following Property Owner(s)Consent if Alternative System Owners)is other than the Property Owner(*l
t y
CONSENTED TO:
[Property Owner(s)1.
Print Name(s):
Date:
COMMONWEALTH OF MASSACHUSETTS
ss
On this day of ,20 3 before me,the undersigned notary public,personally appeared
(name of document signer),proved to me through satisfactory evidence of identification,
which were_ ,to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose.
(official signature and seat of notary)
Upon recording,return to:
[Name and address of Property Owner(s)]
Page 3 of 3
WITNESS my hand and seal this 29th day of August, 2014.
Anand A. Kulkarni
COMMONWEALTH OF MASSACHUSETTS
ss.
On this 29th day of August, 2014 before me, the undersigned Notary Public, personally appeared Anand
A. Kulkarni and proved to me through satisfactory evidence of identification which was
to be the person whose name is signed on the preceding or attached document, and acknowledged he
signed it voluntarily for its stated purpose
VA ILIOS B. KOT III Notary Public
Notary PUbhc
c;c��r�orvw_n,�H nr Mnssncr�uscrs M Commission expires:
My Commission[:xpir, y p
444������ October 28,2016
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Blackburn, Lisa
From: Sawyer, Susan
Sent: Tuesday, August 12, 2014 8:58 AM
To: Blackburn, Lisa
Subject: FW: RE: RE: RE: FAST system
Attachments: Recorded Notice of Alternative System.pdf
Pis print out and just put in the health folder for this address. Not Sure if it is still out. I have been working with this
homeowner. You can put this email trail in as well. It lone{ of explains why she did this now.
thx
From: maureenfconnolly @verizon.net [mailto:maureenfconnolly @verizon.net]
Sent: Monday, August 11, 2014 5:03 PM
To: Sawyer, Susan
Subject: Re: RE: RE: RE: FAST system
Susan,
Attached is a copy of the recorded Notice form for your records.
Thanks again for all of your help.
Maureen
On 08/11/14, Sawyer, Susan<ssatyyq[ tov_un fnorthandovgr.corr)>wrote:
You did great. I am sure your buyer will appreciate your thoroughness.
Susan
From: rnaure nfcorinolly!qq v :CzKQ r,net [mai Ito:mau ree nfconolal[&verizon.net]
Sent: Monday, August 11, 2014 11:58 AM
To: Sawyer, Susan
Subject: Re: RE: RE: FAST system
Susan,
According to Claire the DEP does not maintain a list of operators for the FAST system. The company who supplies the system
maintains a list of approved operators.
I have given the buyer's attorney the name of the company that we have used since our system was installed.
I will record the Notice of Alternative Sewage Disposal System at the Registry of Deeds and forward a copy to you and the buyer's
attorney.
At the closing I will give the buyer a copy of:
-Standard Conditions for Secondary Treatment Units Approved for Remedial Use
-Revision of Approval for Remedial Use
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-Operations and Maintenance Agreement with Wastewater Treatment Services
-the most recent inspection report by Wastewater Treatment Services
Also, I will hand over all manuals we have on the FAST system. And I understand that we should have the buyer aknowledge receipt of
all the items we hand over to him.
If there is anything else that we need to do to comply with the regulations regarding the FAST system, please let me know.
Thank you for your help.
Maureen
On 08/11/14, Sawyer, Susan<sswtownofnorlhandover.corn>wrote:
, �
It is good that you spoke to Claire golden and you can now pass that on if you are questioned. NA does not have an
additional requirement; I was rnerely pointing out to you that this is the current rule and that the buyer's agent might be
looking for something, but I did say that "the main key is for all the information to be given to the new owners, so they
know all abort it".
I hope she was able to answer the question about "whom" can do the testing of the system, If so, I would appreciate
knowing her response,
I go to Claire about"everything septic" so you found the right person to ask.
Susan
From: rn aureenfc;orr;nolly. iv rizc r .net [gflto:maureenfco noll (��veri�ond net
y _ 1 �]
Scent: Thursday, August 07, 2014 1:29 PM
To: Sawyer, Susan
Subject: Re: RE: FAST system
Thanks Susan. I could not find the deed template on the state website.
So will this type of form you attached satisy North Andover requirements?
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I spoke to ClaireGolden in the Wilmington DEP office. She told me that for state DEP requirements I do not need the deed disclosure
since our system was installed before that requirement came into effect. But she told me local boards of health may have additional
rules so I needed to talk to you and go through the steps needed for my sale to satisfy North Andover requirements.
Please let me know if I need to come in and meet with you to go over the North Andover requirements for my sale or if your office has
some sort of checklist I need to go through. The closing date is August 29th, so I want to be sure we take care of everything needed
before then.
Thank you for your help.
Maureen
On 08/07/14, Sawyer, Susan<is_q r�aLgyyrofnurtliandover.coni>wrote:
t!tt, ://1 Www.l�i x ar e a.. /1? ��1�7/C c>cum nt / tiu�lr f)eecllr,'C20 estric.tioli.,,)..df
something more like this. Your deed restriction is mostly about bedrooms and 1300 approval.
This form I found on l4ingham's \vebsite is a state form and makes it clear; what the system is etc.
I believe the main key is for all the information to be given to the new owners, so they know all about it;
maintenance, testing, etc.
I know you asked about who can do the testing, but I ended focusing on disclosure; I believe that information
can be found in the approval documents.
From:Sawyer, Susan
Sent: Tuesday, August 05, 2014 4:33 PM
To: ' auwreen connolIy vet;lzc n.net'
Subject: FAST system
Maureen,
I do not see anything in the file in regards to you placing a notice of disclosure on the deed, though current rules
require it. This could be an issue with the buyer. However, please see a couple of references below. It is clearly
the owners responsibility to pass on the information. I would expect that the new owners should be provided the
information regarding responsibilities that they will need at minimum, as the Health Department will be looking
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for the new contract. I would recommend speaking with the inspector; if he is terminated, lie will notify this
office.
It is a violation of the DEP code for them not to continue...: (9) The system owner shall maintain an operation
and maintenance contract with a Massachusetts certified operator where one is required by 257 CMR 2.00:
Certification of Operators of Wastewater Treatment Facilities, or otherwise with a person qualified to operate
and maintain the system in accordance with the Department's written approval.
FYI other references are the Standard Conditions for Secondary Treatment
Lquy//\vw\v.rn ass gL)v/�Lgj/dock Lcl�pj ygj!eL/was tewat er/o-t 1)rU-V/St,-,l J1ftCrr1j,)d f
see first page and the first bullet
310 CMR 15.287(5)
(5) Prior to the transfer of any ownership interest in an alternative system, or of any right or
responsibility to operate an alternative system, the owner or operator shall provide written notice
to the proposed new owner or operator that the system is an alternative system. Such notice shall
include notice of the general conditions and any special conditions applicable to the system and
its owner. In addition, the owner shall include either a copy in full or a reference to the notice
of the alternative system described in 310 CMR 15.287(10), and the recording information for
that notice, in the instrument of transfer of any such ownership interest. In the event of the
transfer of any such right or responsibility without a transfer of ownership interest, the owner or
operator shall include a copy in full or a reference to the notice of the alternative system
described in 310 CMR 15.287(l 0), and the recording information for that notice, in the
agreement transferring such right or responsibility.
There is a lot to read on this.
Sorry if I confused you even more.
Susan
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Susan Sawyer
Public I lealth Dircctor �
Town of`North Andover
1600 Osgood Street
SUite 2035
North Andover,MA 0 184 5
Phone 978.688.9540
Fax 978.688.8476
l?mail njailtc>s,sammti cr crtcxevrtcrinortl,l,ttrodov rt'wc lr�
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