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HomeMy WebLinkAboutMiscellaneous - 549 Osgood Street (3) i I I I i i � I [ D II 1 1 i COMMONWEALTH OF MASSACHUSETTS Z EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OFENV ONMENTAL PROTECTION V FFN C� Veal TITLE 5 OFFICIAL INSPECTION FORM —NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM F RM PART A CERTIFICATION Property Address: 549 Osgood Street I _North Andover_ Owner's Name: Samuel Rogers Owner's Address:_549 Osgood Street _North Andover,Ma 01845_ �aCiV Date of Inspection:8/5/2004_ S NOV 19 2004 Name of Inspector: Neil J.Bateson_ Company Name: Bateson Enterprises Inc._ TOWN OF NORTH ANDOVER Mailing Address: 111 Argilla Road_ HEALTH!DEPARTMENT Andover Ma.01810 " Telephone Number:_(978)475-4786_ CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true,accurate and complete as of the time of the inspection.The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems.I am a DEP approved system inspector pursuant to Section 15.340 of Title 5(310 CMR 15.000). The system: Passes Conditionally Passes Needs Further Evaluation by the Local Approving Authority X Inspector's Signature: Date: _8/5/2004_ The system inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP)within 30 days of completing this inspection.If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the DEP.The original should be sent to the system owner and copies sent to the buyer,if applicable,and the approving 1 authority. Notes and Comments: ****This report only describes conditions at the time of inspection and under the conditions of use at that time.This inspection does not address how the system will perform in the future under the same or different conditions of use. v Page 2 of 11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 549 Osgood Street_ _North Andover — Owner: Rogers Date of Inspection:_8/5/2004_ Inspection Summary: Check A,B,C,D or E/ALWAYS complete all of Section D A. System Passes: I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist.Any failure criteria not evaluated are indicated below. Comments: B. System Conditionally Passes: One or more system components as described in the"Conditional Pass"section need to be replaced or repaired.The system,upon completion of the replacement or repair,as approved by the Board of Health,will pass. Answer yes,no or not determined(Y,N,ND)in the for the following statements.If`not determined"please explain. The septic tank is metal and over 20 years old*or the septic tank(whether metal or not)is structurally unsound,exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound,not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ND explain: i Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s)or due to a broken,settled or uneven distribution box.System will pass inspection if (with approval of Board of Health): � brokeni s laced P P� )are replaced obstruction is removed distribution box is leveled or replaced ND explain: The system required pumping more than 4 times a year due to broken or obstructed pipe(s).The system will pass inspection if(with approval of the Board of Health): broken pipe(s)are replaced obstruction is removed ND explain: L Page 3 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION(continued) Property Address:_549 Osgood Street _North Andover— Owner: Rogers Date of Inspection: 8/5/2004_ C. Further Evaluation is Required by the Board of Health: Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health,safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is not functioning in a manner which will protect public health,safety and the environment: _ Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh 2. System will fail unless the Board of Health(and Public Water Supplier,if any)determines that the system is functioning in a manner that protects the public health,safety and environment: _ The system has a septic tank and soil absorption system(SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. _ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. _ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. _ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well".Method used to determine distance_ "This system passes if the well water analysis,performed at a DEP certified laboratory,for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm,provided that no other failure criteria are triggered.A copy of the analysis must be attached to this form. 3. Other: Page 4 of 11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address:_549 Osgood Street_ _North Andover_ Owner: Rogers_ Date of Inspection:_8/5/2004 D. System Failure Criteria applicable to all systems: You must indicate"yes"or`ono"to each of the following for all inspections: _Yes_ _ Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool _No Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool _No_Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool _Yes_ —Liquid depth in cesspool is less than 6"below invert or available volume is'/2 day flow. _No_ Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped _Yes_ _ Any portion of the SAS,cesspool or privy is below high ground water elevation. No Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. No Any portion of a cesspool or privy is within a Zone 1 of a public well. _ —No7 Any portion of a cesspool or privy is within 50 feet of a private water supply well. _No_ Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory,for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm,provided that no other failure criteria are triggered.A copy of the analysis must be attached to this form.] _Yes_(Yes/No)The system fails.I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303,therefore the system fails.The system owner should contact the Board of Health to determine what will be necessary to correct the failure I E. Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. You must indicate either"yes"or"no"to each of the following: (The following criteria apply to large systems in addition to the criteria above) yes no the system is within 400 feet of a surface drinking water supply I � — _ _ the system is within 200 feet of a tributary to a surface drinking water supply _ the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area—IWPA)or a mapped Zone 11 of a public water supply well If you have answered"yes"to any question in Section E the system is considered a significant threat,or answered "yes"in Section D above the large system has failed.The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR l Page 5 of l l OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address:_549 Osgood Street North Andover Owner:_Rogers_ Date of Inspection: 8/5/2004_ Check if the followinghave been done.You must indicate"yes"or no"as o each of the following: t " t :� g Yes No Yes_ _ Pumping information was provided by the owner,occupant,or Board of Health No Were any of the system components pumped out in the previous two weeks? Yes — Has the system received normal flows in the previous two week period? _No Have large volumes of water been introduced to the system recently or as part of this inspection? N/A _ Were as built plans of the system obtained and examined?(If they were not available note as N/A) Yes __ Was the facility or dwelling inspected for signs of sewage back up? Yes _ Was the site inspected for signs of break out? _Yes _ Were all system components,excluding the SAS,located on site? _Yes_ _ Were the septic tank manholes uncovered,opened,and the interior of the tank inspected for the condition of the baffles or tees,material of construction,dimensions,depth of liquid,depth of sludge and depth of scum? _Yes_ _ Was the facility owner(and occupants if different from owner)provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System(SAS)on the site has been determined based on: Yes no No Existing information. Determined in the field(if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable)[3 10 CMR 15.302(3)(b)] Page 6 of 11 OFFICIAL INSPECTION FORM -NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address:_549 Osgood Street_ _ _ North Andover_ Owner: Rogers Date of Inspection:_8/5/2004_ FLOW CONDITIONS RESIDENTIAL Number of bedrooms(design):_N/A Number of bedrooms Building#1 has 9,building#2 has none,building #3 has 1, building#4,has 3 DESIGN flow based on 310 CMR 15.203(for example: 110 gpd x#of bedrooms):_N/A Number of current residents: Building#Ihas 6,building#2 Vacant,building#3 has 2,building#4 vacant Does residence have a garbage grinder(yes or no): No_ Is laundry on a separate sewage system(yes or no):_No_ Laundry system inspected(yes or no): _ Seasonal use:(yes or no): No_ Water meter readings:_No_ Sump pump(yes or no): 14 Last date of occupancy:— Unknown-COMMERCIAL/INDUSTRIAL Type of establishment: Design flow(based on 310 CMR 15.203): gpd Basis of design flow(seats/persons/sgft,etc.): Grease trap present(yes or no):_ Industrial waste holding tank present(yes or no): Non-sanitary waste discharged to the Title 5 system(yes or no): Water meter readings,if available: Last date of occupancy/use: OTHER(describe): GENERAL INFORMATION Pumping Records Source of information:_Unknown_ Was system pumped as part of the inspection(yes or no): Yes_ If yes,volume pumped:_4000_gallons--How was quantity pumped determined? Measured tank&cesspools_ Reason for pumping: _Inspect tank&baffle&tee&cesspools_ TYPE OF SYSTEM _X Septic tank,distribution box,soil absorption system For building#2 X Single cesspool For building #1&4 _Overflow cesspool Privy _Shared system(yes or no)(if yes,attach previous inspection records,if any) _Innovative/Alternative technology.Attach a copy of the current operation and maintenance contract(to be obtained from system owner) —Tight tank _Attach a copy of the DEP approval _X Other(describe):_For building#3 septic tank to trench,no d-bog._ Approximate age of all components,date installed(if known)and source of information: Unknown_ Were sewage odors detected when arriving at the site(yes or no): No_ Page 7 of 11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address:_549 Osgood Street_ _North Andover— Owner: Rogers_ Date of Inspection: 8/5/2004 BUILDING SEWER_X_ (locate on site plan) Depth below grade:_ Materials of construction: _cast iron _40 PVC other Distance from private water supply well or suction line: Comments(on condition of joints,venting,evidence of leakage,etc.): _ SEPTIC TANKS: X Depth below grade:_12"for building#2, 8"for building 03_ Material of construction: X concrete_metal fiberglass_polyethylene other(explain) If tank is metal list age:_ Is age confirmed by a Certificate of Compliance(yes or no):_(attach a copy of certificate) Dimensions: 6'x 4'for building#2, 7'x 5'x 4' for building#3_ Sludge depth 10"for building#2,12"for building#3_ Distance from top of sludge to bottom of outlet tee or baffle:7"for building#2,Outlet tee off for building#3 Scum thickness:_10"building#2 building#312" Distance from top of scum to top of outlet tee or baffle:_8"building#2,Outlet tee off for building#3_ Distance from bottom of scum to bottom of outlet tee or baffle:_11"building#2,Outlet tee off for building#3_ How were dimensions determined:_ e Tape measure Comments(on pumping recommendations,inlet and outlet tee or baffle condition,structural integrity,liquid levels as related to outlet invert,evidence of leakage,etc.) Building#2,Pumped septic tank.Septic tank is leaking out, liquid below outlet invert.Inlet baffle ok,outlet baffle off.Outlet pipe to d-box collapsed,sprinkler pipe thru it.Building#3,Pumped septic tank.Inlet baffle ok.Outlet baffle ok.Liquid above outlet invert: No evidence of leakage._ GREASE TRAP:_(locate on site plan) Depth below grade:_ Material of construction:_concrete metal fiberglass_polyethylene_other (explain): Dimensions: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: Comments(on pumping recommendations,inlet and outlet tee or baffle condition,structural integrity,liquid levels as related to outlet invert,evidence of leakage,etc.): Page 8 of 11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address:_549 Osgood Street- -North Andover_ Owner: Rogers Date of Inspection:_8/5/2004_ TIGHT or HOLDING TANK: (tank must be pumped at time of inspection)(locate on site plan) Depth below grade: Material of construction: concrete metal fiberglass polyethylene other(explain): Dimensions: Capacity: gallons Design Flow: gallons/day Alarm present(yes or no): Alarm level: Alarm in working order(yes or no): Date of last pumping: Comments(condition of alarm and float switches,etc.): DISTRIBUTION BOX: X Building#2 Depth of liquid level above outlet invert: _D-box has no liquid in it_ Comments(note if box is level and distribution to outlets equal,any evidence of solids carryover,any evidence of leakage into or out of box,etc.):_D-box badly corroded.Evidence of leakage,has no liquid in it.Evidence of carryover. PUMP CHAMBER:_(locate on site plan) Pump in working order(yes or no): Alarm in working order(yes or no): Comments(note condition of pump chamber,condition of pumps and appurtenances,etc.): _ Page 9 of 11 OFFICIAL INSPECTION FORM —NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address:_549 Osgood Street _North Andover_ Owner: Rogers_ Date of Inspection:_8/5/2004_ SOIL ABSORPTION SYSTEM(SAS):_X (locate on site plan,excavation not required) If SAS not located explain why: Type _ leaching pits,number:_ leaching chambers,number: leaching galleries,number: _X leaching trenches,number,length:_one trench 45'long for building#3_ leaching fields,number,dimensions: overflow cesspool,number: innovative/alternative system Type/name of technology: Comments(note condition of soil,signs of hydraulic failure,level of ponding,damp soil,condition of vegetation, etc.):_Soil ok.Vegetation ok.No sign of ponding to surface.Camera single trench,liquid above invert._ CESSPOOLS: X (cesspool must be pumped as part of inspection)(locate on site plan) Number and configuration: Building#1,has one cesspool.Building#4,one cesspool._ Depth—top of liquid to inlet invert: Building#1 liquid 4"to invert.Building#4,liquid at invert._ Depth of sludge layer: Building#1,10",building#4, 8" Depth of scum layer:_Building#1,8"building#4,10" Dimensions of cesspool: Both buildings 6'x 41 _ Materials of construction: Both building Rocks with steel cover that is badly corroded. Indication of groundwater inflow(yes or no): Both buildings has indication of ground water_ Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation,etc.): _Pumped both cesspools. Liquid ran back into cesspools after pumping.Indication of water table.Both steel covers on cesspool are badly corroded._ PRIVY: (locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation,etc.): Page 10 of 11 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 549 Osgood Street _North Andover— Date _Rogers_ Date of Inspection:_8/5/2004_ SKETCH OF SEWAGE DISPOSAL SYSTEM Provide a sketch of the sewage disposal system including ties to at least two permanent reference landmarks or benchmarks.Locate all wells within 100 feet.Locate where public water supply enters the building. Balding b`.1 A m Cc&rpoo1 10 's' HOW. B to Cesspool_112• A g Building#2 e Barn Tick A b Tmk 21' Rnen A B BtoT3nlc=19110" Building 9 3 Rum hSIlk�� Dcck A to Tmk=48'6' A B BtoTaak=err BUding 9 4 Rom A to Ccsspool=36' B to Caspool—2319* ' Parch Page I I of I 1 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address:_549 Osgood Street —North Andover— Owner: Rogers_ Date of Inspection:_8/5/2004_ SITE EXAM Slope Surface water Check cellar Shallow wells Estimated depth to ground water _61 _ Please indicate(check)all methods used to determine the high ground water elevation: _ Obtained from system design plans on record-If checked,date of design plan reviewed: Observed site(abutting property/observation hole within 150 feet of SAS) Checked with local Board of Health-explain:_ Checked with local excavators,installers-(attach documentation) X Accessed USGS database-explain: Essex County Soil Map_ You must describe how you established the high ground water elevation:_Essex County Soil Map,Sheet#30, Paxton Soil,Water 6'deep._ I Tel: (978)475-4786 Fax: (978) 475-5451 BATESON ENTERPRISES, INC. Excavating-Water.& Sewer Lines-Septic Systems&Pumping Service 111 Argilla Road Andover, Mass. 01810 Title 5 Inspection Report Property Address: 549 Osgood Street, North Andover Owner: Rogers Date of Inspection: 8/8/2004 My report contained herein does not constitute a guarantee of future usage and the functionality of the existing septic system. Such report issued herewith is merely based upon my observations, and I hereby disclaim any further operation of your current septic system. e4 eil . Bateson Bateson Enterprises, Inc. North Andover Board of Assessors Public Access Page 1 of 1 gORTy Town of North Andover, °",,�•� .�"� Boardof Assessors. h � Property Return to the Home page click on logo Record Card Parcel ID: 210/036.0-0024-0000.0 Community: North Andover New Search SKETCH T .PHOTO Sales No r it Summary Residence AvaltableAvailable Detached Structure Condo - Commercial Comparable Sales Location: 565C OSGOOD STREET Owner Name: FAMILY COOPERATIVE PRESCHOOL Owner Address: 549 OSGOOD STREET City: NORTH ANDOVER State: MA ZIP: 01845 / Neighborhood:31 -1 Land Area:3.28 acres $� fl Use Code: 904-SCHOOL-PROP Total Finished Area: 0 sqft -1 01 8�, ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 414,900 758,300 Building Value: 0 0 Land Value: 414,900 758,300 U Market Land Value: 414,900 00 Chapter Land Value: LATEST SALE Sale Price:265,000 Sale Date:07/18/2002 Arms Length Sale Code: K-NO-EXEMPT Grantor: MARY F CHARLES TRUST Cert Doc: Book: 06953 Page: 0100 http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&LinkId=985198 10/15/2007 01/21/04 14:37 FAX 978 470 0618 DEVINE MILLIMET BRANCH 0 002 NORTH ANDOVER BOARD OF ENALT SEWER CONNECTION AGREEMENT Name(s)of Seller Samuel S Roan Address of Property 565 Os nod Street No Andov MA 01845 Assessor Parcel W17 and 3_6-18 We,the undersigned buyers of the above referenced property owned by the above sellers,in accordance with the provisionsof the State Environmental Code, 310 CMR{53014 Nb)• the No (see attached copy), hereby agree to connect the dwe>>ings on this Property expense within two (2)years following the sewer at our owe exp Andover municipal sanitary transfer of tide on the property. By our sigaatare,we hereby acknowledge disclosure and acceptances of this binding agreement Upon Us as subsequent owners. Edgewood Retirement Community Inc. Printed Name(s)of Buyer Date 1/14/04 by 61J,5Z Signature of Buyer(s) H oks K J at As sworn and subscribed to this _ y of Janna 2004 M C ,-3.mamachuseas Cor.? or. Notary Public r � iy. S� j r spy t,:r':rissiac+F�cpves Commiss*010 Expiration pate f the tic for the above cited property is' continued use of certify that the ce Y hereby bfy ver Board of Realt in accordance with the ermined by trice North Ando approved and p odes a proposal to use incl pow r continued P provisions of 310 C1VIIt 15301(4)(b� The basis fo wsewer within two(2)Years of the date of nnect to the North Andover municipal sanitary way to be construed transfer of title. This approval for continued use of the system is in no as a guarantee of efficacy of the system nor will it limit the poww of the North Andover Board of Health to take any and all alternative enforcement action as it may deem necessary to achieve compliance with such Code and to protect the public health iududing, but not limited to, ordering the performance of any interim measures Cie. pumping) to achieve compliance with this approval. Date FOR THE NORTH ANDOVER .13OA1:U OF HEALTH Jonathan Markey Chairman (14327W4824W00594332) 01/21/04 14:37 FAX 978 470 0618 DEVINE MILLIMET BRANCH 0 001 DEVINE MILLIMET ATTORKFY; AT ,LAW FAX COVERSHF-ET Date: January 21,2004 Number of Pages(Including Coversheet): NAME COMPANY FAX NO. PHONE NO. Pamela NA Health Dept 978688-9542 From: Robert W.Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RI~CEIVE ALL PAGES,PLEASE CALL: Operator: LO Telephone: 978 X75-9100 Comments: RE:Samuel S. ogers.565 Osgood Street Here is a copy o Bement per your request. I will be at the meeting tomorrow at 7:00 p.m.. This fax will not be followed by mail. i {AA0061857.11 Client/Matter No. 14327/64824 NOTICE The information contained in this facsimile transmission is anorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly probibited. If you have received this facsimile erroneously,please notify us immediately by telephone and reran the original to us at the address above via the United States Postal Servicc at our expense. i DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.-175.9100 MANCHESTER, NH 1, BRANCH PO BOX 19 F 97L.e70.0619 ANDOVER. *A PROFESSIONAL ANDOVER DEVINEMILUMET,COM CONCORD. NH 45SUCIATION MASSACHUSETTS 01B1O NORTH HAMPTON, NH DEVINE r_jC)\fV&j OF NORTH LT.:''' BOARD OF HEALTH i MILLIMET ,�.,,�.... JAN _ 7 2003 ATTORNEYS AT. LAW ' 9 December 31, 2003 ROBERT W.LAVOIE RLA V OIE@DEV IN EMI L LIM ET.COM Heidi Griffin, Acting Director North Andover Board of Health 27 Charles Street, Second Flood North Andover, MA 01845 RE: 565 Osgood Street,North Andover Sewer Connection Agreement Assessor Parcels 36-17 (Occupied), 36-18 (Occupied)and 36-19(Vacant Land) Dear Ms. Griffin: This is to confirm that our office represents Edgewood Retirement Community, Inc. in connection with the proposed purchase of the above-referenced property(comprised of three separate parcels) from Samuel S. Rogers(the current owner). The property is more particularly described as Parcel A, Lot 7 and Lot 2A on a plan entitled"Compiled Plan of Land in North Andover, Massachusetts"by Robert M. Gill&Associates, Inc. dated June 7, 1990 and recorded as Plan No. 11813 with the Essex North District Registry of Deeds, said parcels containing 14.96 acres, 2.2 acres and 2.15 acres,respectively. Following the closing sometime early next year(and certainly within two years from the date of transfer), Edgewood Retirement Community, Inc. will proceed to connect the dwellings located on Parcel A(Assessor 36-17)and Lot 7 (Assessor 38- 18)to the North Andover Municipal Sewer System, as the same is available in the vicinity of the property. Please note that Parcel 2A(Assessor 36-19)is vacant land. Enclosed please find a copy of a"Sewer Connection Agreement"in conformance with the Massachusetts State Environmental Code, 310 CMR 15.301(4)(b). According to the above mentioned Code, inspection of a septic system is not required at or within two years prior to the time of transfer of title of the property served by the system if the person acquiring title has signed an enforceable agreement with the approving authority(here,the North Andover Board of Health)to upgrade the system or to connect the property to a sanitary sewer or shared system {14327\64824\A0059431.3} DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & BRANCH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMI LLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 NORTH HAMPTON, NH Heidi Griffin,Acting Director December 31, 2003 Page 2 within two years following the transfer of title,provided that such agreement has been disclosed to and is binding on the subsequent owners. As legal counsel to the proposed subsequent owner of the parcels to be transferred,this will confirm that the enclosed proposed agreement has been disclosed to and is intended to be binding upon Edgewood Retirement Community,Inc.,the proposed subsequent owner. Therefore,we request that you kindly submit the enclosed"Sewer Connection Agreement"to the Board of Health, so that the same may be reviewed and found acceptable, so that we can submit a signed original to you, for signature on behalf of the Board of Health. Peter Daniels, of my office, spoke with Timothy Willett, Superintendent of the Water Distribution/Sewer Department of the North Andover Division of Public Works, in regard to the "Sewer Connection Agreement,"and he has informed us that the financial burden of connecting to the North Andover sanitary sewer system will fall upon the Buyers,to which the Buyer understands and accepts. We would be glad to come to a meeting at the Board of Health to review and discuss the proposed agreement with the Board of Health to ensure its acceptability. Kindly let me know if that is something that can or needs to be scheduled. If you should have any questions or comments regarding this matter,please do not hesitate to contact me. Very my yours, t Ro ert �av o ii RWL/lo Enclosure {14327\648MA0059431.3} Page 2 of 6 310 MA ADC 15.301 Page 1 310 CMR 15.301 CODE OF MASSACHUSETTS (c) a change in the form of ownership among the REGULATIONS same owners, such as placing the facility within a TITLE 310: DEPARTMENT OF family trust of which the owners are the ENVIRONMENTAL PROTECTION beneficiaries, or changing the proportionate CHAPTER 15.000: THE STATE interests among a group of owners or beneficiaries; ENVIRONMENTAL CODE,TITLE 5: STANDARD REQUIREMENTS FOR THE SITING, (d) adding or deleting a spouse as an owner or CONSTRUCTION,INSPECTION,UPGRADE beneficiary; or a transfer between spouses during AND EXPANSION OF life,out right or in trust;or the death of a spouse; ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND FOR THE TRANSPORT AND (e) the appointment of or a change in a guardian, DISPOSAL OF SEPTAGE conservator,or trustee. Current through August 29,2003,Register 4981 (3)Applicability to specific transfers of title. 15.301: System Inspection (a) Condominium units. The condominium (1) Inspection at time of transfer. Except as association shall be responsible for the inspection, provided in 310 CMR 15.301(2), 15.301(3), and maintenance, and upgrade of any system or systems 15.301(4), a system shall be inspected at or within serving the units, unless otherwise provided in the two years prior to the time of transfer of title to the governing documents of the condominium facility served by the system. An inspection association. For a facility comprised of five conducted up to three years before the time of condominium units or more, each system located on transfer may be used if the inspection report is the facility shall be inspected at least once every accompanied by system pumping records three years and all existing systems shall be demonstrating that the system has been pumped at inspected by December 1, 1996. For a facility least once a year during that time. If weather comprised of fewer than five condominium units: conditions preclude inspection at the time of transfer, the inspection may be completed as soon as weather permits, but in no event later than six 1. each system located on the facility shall be months after the transfer, provided that the seller inspected at least once every three years and all notifies the buyer in writing of the requirements of existing systems shall be inspected by December 1, 310 CMR 15.300 through 15.305. A copy of the 1996,or inspection report shall be submitted to the buyer or other person acquiring title to the facility served by the system. 2. at the time of transfer of title of any unit, the system serving that unit shall be inspected in accordance with the time of transfer provisions of (2) The following transactions shall not be 310 CMR 15.301. considered transfers of title for the purposes of 310 CMR 15.301(1): (b) Foreclosure or deeds in lieu of foreclosure. Inspection of the system must occur within two (a) taking a security interest in a property, years before or six months after the execution of the including but not limited to issuance of a mortgage; memorandum of sale (irrespective of whether the foreclosing institution, the loan guarantor, the loan servicer, an unaffiliated third party, or any (b) refinancing a mortgage or similar instrument, combination thereof, is/are executing such whether or not the identity of the lender remains the memorandum of sale) or delivery of the deed in lieu same; of foreclosure to the foreclosing institution or the Copr. C West 2003 No Claim to Orig.U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=AO05 5 8000000590600011623 69... 10/3/2003 Page 3 of 6 310 MA ADC 15.301 Page 2 310 CMR 15.301 loan servicer. An inspection conducted up to three least once a year during that time. years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has (e) Inter-family transfers where new parties are been pumped at least once a year during that time. involved (e.g. parents deed property to children). To the extent that foreclosing institutions or loan Inspection of the system must occur within two servicers have contractually allocated responsibility years prior to transfer or if weather conditions for the inspection to the unaffiliated third party or prevent inspection at the time of transfer, the the loan guarantor acquiring the property within the inspection must occur as soon as weather permits, specified timeframes, such foreclosing institutions but in no event later than six months after the or loan servicers will not be responsible for transfer. An inspection conducted up to three years inspection of the system(s). Entities foreclosing on before the time of transfer may be used if the properties are required to notify those who acquire inspection report is accompanied by system title of the inspection and upgrade requirements pumping records demonstrating that the system has contained at 310 CMR 15.300 through 15.305, in been pumped at least once a year during that time. writing,prior to or at the time of transfer. (f) Tax takingeither b the federal state or Y , (c) Inheritance by will or intestacy (without a will). municipal government. Inspection of the system With the exception of inheritance by a spouse which must occur within two years prior to transfer by would not require an inspection, inspection of the governmental entity to buyer or within six months system must occur within two years before or one after the expiration of the right of redemption, year after the will being allowed by the probate provided that the govern-mental entity notifies the court and the appointment of the executor; or within buyer in writing of the requirements contained at two years before or one year of the appointment of 310 CMR 15.300 through 15.305 for inspection and an administrator if the deceased dies intestate upgrade, if necessary. An inspection conducted up regardless of whether the property passes to three years before the time of transfer may be specifically or as part of the residue of the estate. used if the inspection report is: accompanied by An inspection conducted up to three years before system pumping records demonstrating that the the time of transfer may be used if the inspection system has been pumped at least once a year during report is accompanied by system pumping records that time. demonstrating that the system has been pumped at least once a year during that time. Executors or administrators are required to notify, in writing, (g) Levy of execution that results in a conveyance those who acquire title to real property from an of property. Inspection of the system must occur estate of the inspection and upgrade requirements within two years prior to officer's deed of debtor's contained at 310 CMR 15.300 through 15.305. interest to buyer or within six months after the expiration of the right of redemption, provided that the officer notifies the buyer in writing of the (d) Legal life estate or an interest for life or for a _ requirements contained at 310 CMR 15.300 through term ofears in trust. Inspection of t y p he system must 15.305 for inspection and upgrade, if necessary. An occur within two years before or six months of the inspection conducted up to three years before the death of the life tenant or the expiration of a present time of transfer may be used if the inspection report interest in trust for a term of years. If a successive is accompanied by system pumping records life interest or an interest in trust for a term of years demonstrating that the system has been pumped at passes to a spouse, the inspection must occur within least once a year during that time. two years before or six months of the death of the last surviving spouse or the expiration of a present interest in trust to the spouse for a term of years. An (h) Bankruptcy. Inspection of the system must inspection conducted up to three years before the occur within two years prior to transfer by time of transfer may be used if the inspection report bankruptcy trustee to buyer or within six months is accompanied by system pumping records after the transfer, provided that the debtor notifies demonstrating that the system has been pumped at the buyer in writing of the requirements contained Copr. ©West 2003 No Claim to Orig.U.S.Govt.Works http://print.westlaw.com/delivery.html?dest=atp&dataid=A0055 800000059060001162369... 10/3/2003 Page 4 of 6 310 MA ADC 15.301 Page 3 310 CMR 15.301 at 310 CMR 15.300 through 15.305 for inspection has been disclosed to and is binding on the and upgrade, if necessary. An inspection conducted subsequent owner(s);or up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the (c) the facility is subject to a comprehensive local system has been pumped at least once a year during plan of on-site septic system inspection approved in that time. writing by the Department and administered by a local or regional governmental entity, and the system has been inspected at the most recent time (i) Change in ownership or the form of ownership required by the plan. A comprehensive local plan where new parties are introduced (e.g., introduction may prioritize systems to be inspected on the basis of new beneficiary/ies in a nominee trust; of proximity to water resources, soil or geological introduction of new joint tenant(s) or new tenant(s) conditions, age or size of systems, history of in common; introduction of new parties where performance, frequency of pumping or other routine property is transferring from joint ownership to maintenance activity, or other relevant factors, and nominee or business trust, or where a new general may establish different schedules and frequency of partner is introduced; creation of a legal life estate inspection on the basis of such criteria, provided or an interest for life or for a term of years in trust that all systems are inspected at least once every for a party other than the creator or his or her seven years by a System Inspector approved by the spouse, etc.). Inspection of the system must occur Department. within two years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather (5) A system shall be inspected upon any change in permits, but in no event later than six months after use or expansion of use of the facility served, for the transfer, provided that the new party is notified which change or expansion a building permit or in writing of the requirements contained at 310 occupancy permit from the local building inspector CMR 15.300 through 15.305 for inspection and is required. Unless the system is a cesspool, failing upgrade, if necessary. In a nominee trust situation, as set forth in 310 CMR 15.303 and 15.304(1), or a whoever has authority to add a new beneficiary is significant threat to public health, safety and the responsible for the inspection. An inspection environment as set forth in 310 CMR 15.304(2), conducted up to three years before the time of upgrade of the system is not required if the system transfer may be used if the inspection report is was designed to accept design flows resulting from accompanied by system pumping records the change in use or expansion of use. Upgrades to demonstrating that the system has been pumped at accept increases in actual or design flow to any least once a year during that time. cesspool or to any other system above the existing approved capacity shall be in accordance with 310 CMR 15.352. Whenever an addition to an existing (4) Exclusions. Inspection of a system is not structure which changes the footprint of a building required at the time of transfer of title of the facility with no increase in design flow is proposed, the served by the system in the following circumstances: system inspection shall be an assessment to determine the location of all system components, including the reserve area, in order to ensure that (a) a certificate of compliance for the system has the proposed construction will not be placed upon been issued by the approving authority within two any of the system components. If official records years prior to the time of transfer;or are available to make a determination regarding location of system components, an inspection is not required for footprint changes. (b) the owner of the facility or the person acquiring title has signed an enforceable agreement with the approving authority to upgrade the system (6) Facilities where the total design flow generated or to connect the facility to a sanitary sewer or a on the facility equals or exceeds 10,000 gallons per shared system within the next two years following day at full build out, shall be inspected by the last the transfer of title, provided that such agreement day of the calendar year pursuant to the following Copr. ©West 2003 No Claim to Orig.U.S. Govt.Works http://print.westlaw.com/delivery.html?dest=atp&dataid=A0055 800000059060001162369... 10/3/2003 Page 5 of 6 310 MA ADC 15.301 Page 4 310 CMR 15.301 schedule in accordance with the provisions of 310 CMR 15.006 and the applicable provisions of 310 CMR 15.300 through 15.354 or 314 CMR 5.00 and 6.00. Such systems shall be reinspected during the fifth calendar year following the applicable year of initial inspection listed below and then during every fifth calendar year thereafter. An inspection of a system conducted within 30 months prior to the last day of the applicable year of initial inspection may be used as the initial inspection, provided that a System Inspection Form approved by the Department is submitted to the Department within 30 days of the inspection. Year of initial Basin in which system is located inspection 1997 Charles, Housatonic, Hudson (Hoosic) , North Coastal, Ten Mile 1998 Blackstone, Chicopee, Connecticut, Nashua 1999 Boston Harbor (Neponset) , Cape Cod, French & Quinebaug, Merrimack, Narragansett Bay/Mt. Hope Bay, Parker i 2000 Buzzards Bay, Deerfield, Ipswich, Islands i i Millers, Shawsheen i 2001 Concord (Sudbury, Assabet, Concord) , i South Coastal, Farmington, Taunton, i Westfield Basin boundaries shall be determined by reference (7)Shared systems shall be inspected annually. to the most recent edition of the Massachusetts GIS maps. If all of the components of a system are not (8) When a facility is divided or the ownership of located in the same basin, then the system shall be two or more facilities is combined as specified in inspected during the earliest of the applicable 310 CMR 15.010(2) or (3), all systems serving the inspection years. facility or facilities shall be inspected. Copr. ©West 2003 No Claim to Orig.U.S. Govt. Works htt :// rint.westlaw.com/delive .html� _ _ P p ry .dest atp&dataid A0055800000059060001162369... 10/3/2003 o e Page 6 of 6 310 MA ADC 15.301 Page 5 310 CMR 15.301 (9) All systems shall be inspected when the owner or operator thereof is ordered to do so by the local approving authority,the Department or court. (10) The results of any inspection(s) required by 310 CMR 15.301 shall be submitted to the approving authority on a System Inspection Form approved by the Department within 30 days of the inspection by the approved System Inspector, provided that this sentence shall not be construed to require the owner of a system or a System Inspector to submit to the approving authority the results of a voluntary assessment of the condition of a system that is not performed to comply with a requirement of 310 CMR 15.301. Any system determined to require upgrade pursuant to 310 CMR 15.303 or 310 CMR 15.304 solely as a result of a voluntary assessment shall not be subject to the deadlines for completion of upgrades in accordance with 310 CMR 15.305 unless the owner or operator of the system is ordered to do so by the local approving authority, the Department or court. Inspection forms for systems with design flows over 10,000 gpd and shared systems shall be submitted to the Department by the approved System Inspector and the owner. All inspections required by 310 CMR 15.301 shall be conducted by a currently approved System Inspector. (11) Failure of an owner or operator of a system to have the system inspected, and use or operation of any system described in 310 CMR 15.301(1) through (9) after the dates or events set forth therein without a required inspection shall constitute violations of 310 CMR 15.000. <General Materials(GM)-References, Annotations,or Tables> Mass.Regs. Code tit.310, § 15.301 310 MA ADC 15.301 END OF DOCUMENT Copr.©West 2003 No Claim to Orig.U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=A0055 800000059060001162369... 10/3/2003 v R NORTH ANDOVER BOARD OF HEALTH SEWER CONNECTION AGREEMENT Name(s) of Seller Samuel S Rogers Address of Property 575 Osgood Street North Andover,MA 01845 We, the undersigned buyers of the above referenced property owned by the above sellers,in accordance with the provisions of the State Environmental Code, 310 CMR 15.301(4)(b), (see attached copy), hereby agree to connect the dwellings on this property to the North Andover municipal sanitary sewer at our own expense within two (2) years following the transfer of title on the property. By our signature, we hereby acknowledge disclosure and acceptances of this binding agreement upon us as subsequent owners. Edgewood Retirement Community Inc. Printed Name(s) of Buyer Date Signature of Buyer(s) As sworn and subscribed to this day of ,2003 Notary Public Commission Expiration Date I hereby certify that the continued use of the septic system for the above cited property is approved and permitted pp p tted by the North Andover Board of Health in accordance with the provisions of 310 CMR 15.301(4)(b). The basis for continued use includes a proposal to connect to the North Andover municipal sanitary sewer within two (2) years of the date of transfer of title. This approval for continued use of the system is in no way to be construed as a guarantee of efficacy of the system nor will it limit the power of the North Andover Board of Health to take any and all alternative enforcement action as it may deem necessary to achieve compliance with such Code and to rotect the public health including, but not limited to, ordering the performance of any interim measures (i.e. pumping) to achieve compliance with this approval. Date FOR THE NORTH ANDOVER BOARD OF HEALTH Heidi Griffin Acting Director {14327v64824W059433.1} v y 19 85 n 7 Y I 3 t 24 It 12Ax 27Kac -- -- ' #14227 - i tet_ I 27 75 a.. 15 1 r� 13.45 O 1 � Z a Q a ]3 5 . 16 � 19 �• Lij2:A°c in u„ 11.30 ac w2.15 ai.. or nr :Jr 11 2 aui7 S 13 1 5x 0SGUOD 'mac. 3a 12 '.) °J7 i lil ift tl.isi- L(v ur 1.35 SE LAT 101 10 ET EEPLATN SCALE-400 FEET= 1 INCH IS -AL 2004 M PAWN BY FRANK S..gILES, P.L.S. A p MEA TS ARE SCALED ONLY NOT FOR SURVEY PU SEE PLAT NO- 95