HomeMy WebLinkAboutSoil Test & Results - Soil Testing Results - 1230 SALEM STREET 8/14/2015 TOWN OF NORTH ANDOVER
Office of COMMUNITY DEVELOPMENT AND SERVICES
HEALTH DEPARTMENT
1600 OSGOOD STREET; SUITE 2035
NORTH ANDOVER,MASSACHUSETTS 01845
Susan Y.Sawyer,REHS,RS 978.688.9540—Phone
Public Health Director 978.688.8476—FAX
healthdept(a,townofnorthandover.com
www.townofnorthandover.com RECEIVED
APPLICATION FOR SOIL TESTS AUG 17 2015
DATE: August 14,2015 MAP&PARCEL: Map 106A,Parcel 41 TOWN OF NORTH ANDOVER
E LTH DEFART.NENT
LOCATION OF SOIL TESTS: Lot 13,0 Salem Street
OWNER: Edith Nitzsche Contact#:
APPLICANT: Denise Brogna Contact#: 978-561-1390
ADDRESS: 57 Hickory Lane,Boxford,MA 01921
ENGINEER: John Morin,The Morin-Cameron Group, Inc.Contact#: 978-887-8586
CERTIFIED SOIL EVALUATOR: Alex Parker
Intended Use of Land: Residential Subdivision X Single Family Home Commercial
Is This: Repair Testing: Undeveloped Lot Testing: X Upgrade for Addition:
In the Lake Cochichewick Watershed? Yes No X
THE FOLLOWING MUST BE INCLUDED WITH THIS FORM
➢ Proof of land ownership(Tax bill,or letter from owner permitting test) *P&S attached
➢ $5"x 11"Plot plan& Location of Testing(please indicate test pit sites on the In an)
➢ Fee of$425.00 per lot for new construction. This covers the minimum two deep holes and
two percolation tests required for each disposal area. Fee of$360.00 per lot for repairs or upgrades.
GENERAL INFORMATION
➢ Only Certified Soil Evaluators may perform deep hole inspections.
➢ Only Mass.Registered Sanitarians and Professional Engineers can design septic plans.
➢ At least two deep holes and two percolation tests are required for each septic system disposal area.
➢ Repairs require at least two deep holes and at least one percolation test,at the discretion of the BOH
representative.
➢ Full payment will be required for all additional tests within two weeks of testing.
➢ Within 45 days of testing,a scaled plan(no smaller than 1"-100')shall be submitted to the Board of Health
showing the location of all tests(including aborted tests).
➢ Within 60 days of testing soil evaluation forms shall be submitted.
Please Do Not Write Below This Line
N.A. Conservation Commission Approval D te: 5—
kAJAJ-
Signature of Conservation Agent:
Date back to Health Department: (stamp in): I �a 1/�(JU¢ �d ('A �HQ~
Q /iVc o y S cLi✓Ll-d 1a Let 40 1�
1155 SALEM ST = -
.I.:. � a4_e u `D11 �M aJa•J.. Ulf ?L rA+00 106.A-0173
10s Aft r _ 129 FOREST ST
106.C-0003 116o SALEM ST -f" W, -� !` 106.A-0174
alb '. NORTH
N
3 ea lr` py e v vly a4 r * c? '.s oDL
106.A-0050 to .> $ _ [- -- 137 FOREST ST F 9
uR �.
4 106.A-012 k
,,,,''II,, ♦ i r
106.A-0182k' 'k BACMUS
1190 SALEM ST �1
106.A-0181 1216 SALEM ST _:'- I r MVPC Boundary
106.A•0175 (]Munidpel Boundary
-Ran Line
1! InteIn, W.
1197 SALEM SI lO6.R-00S8 Vl, 0 SR Reads
1220 SALEM ST\ d'
1200 SALEM ST E.—W.
106.C-0004 k l Parc is
11fl7 SALEM ST - Tralie
57,
.L Hydroprephla Fast.,.
•" - 106.A-0183 !` 1OG.A-0178 Stmama
106.A-0043 - Wetlands
3 6.G-00 IS .'-�"�.� � \ Eaemvl Mende
106.A-0041
id, ,rr d� r .I.
j� /0 � � 171 FOREST
aid• -. .,I 106.A-0176 Test
11 \1213 SALEM ST _ - w-:.... _ _ {►. �o/�,
1219 SALEM ST > r L234 SALEM ST
106.A-0184
106.C-0005 o I tly
- Hodzonbl Datum:MA Sbteplane Coordinate System,Datum
NAD83,Meters Date Bourses:The date for this map wee
produced by McMmeNc Valley Planning Commission(MVPC)
106.A-0156 u"deb provided by the Town of North Andover,Additional
date provided by the EzeaAve OMm of Emhonmxttal
106.A-0119 Atbk&MessGIS.Thelbntt ire"on aeplcted on this mep is for
'yJle' planning purposes Only.It may not be adequate for lapel
106.A-0185 _• alA:'� boundary definition or regulatory interpratatdn.THE TOWN OF
1225 SALEM ST NORTH ANDOVER MAKES NO WARRANTIES.EXPRESSED
1253 SALEM ST jy:�;"• CO IMPLIED,CONCERNING S,RELIABILITY,
THE ACCURACY,
":; ': COMPLETENESS,RELIABILi7Y,OR SUTABILITY OF THESE
''fs tos ► 0751 DATA THE TOWN OF NORTH ANDOVER DOES NOT
1248 SALEM ST 1264 SALEM ST ylf. .,,•y'-:. ABSUME ANY LIABILITY ASSOCIATED WITH THE USE OR
106.A-0133 1260 SALEM ST _:�' ::�;"; MISUSE OF THIS INFORMATION
-70
::f11L
106.C-0009 106.A-0187
1265 SALEM ST
106.C-0050 106.A-0134
106.A-0040
106.C-OOSI .:
106.A-0148 North Andover MIMAP August 13,2015
106.A-0188
PROPOSED Sol L TEST SKETCH
LOT 13 - SAI...E.M STREET. NORTH ANDoVER
PURCHASE AND SALE AGREEMENT
June d- ,2015
1. Parties: Edith M. Nitzsche, Trustee of North Andover Realty Trust of Essex County, u/d/t dated
2/14101, of 310 L-2 Piney Mountain Drive; Ashville North Carolina 28805, hereinafter
referred to as the SELLER,agrees to sell and Denise Brogna and Anthony.Brogna,of 57
Hickory Lane,Boxford,Massachusetts 01921,hereinafter referred as the BUYER,agrees
to buy, upon the terms and conditions hereinafter set forth, the following described
premises.
2. Premises A certain parcel of land with the buildings thereon being shown as Lot 13 on Plan 9817,
located on Salem Street, North Andover, Massachusetts. For SELLER'S title, see
Essex North Registry of Deeds,Book61.16,:Pages 327 and 328. The property consists
of a vacant parcel ofaand,but shall at the time of closing be buildable under all state.:and
local regulations, bylaws and laws or with the relief of an unappealable variance Qr
special permit.
3: Buildings, The.property consists of vacantland..
Structures,
improvements'
and Fixtures:
.4. Title.Deed: Sa'rd premises-are to be conveyed by-a 000d,and sufficient quitclaim deed running to the.
BUFFER onto the nominee designated by the.BUYER by written.-notice to the SELLER
at least seven-days prior to the date for'delivery of the deed as herein provided Said
deed shall convey good and clear record and.marketable title thereto, free frorri all.
.encumbrances except:
a). Provisions of.existing building and zoning laws,
b) Such taxes for.the then current.year as are not due and payable on the date,of
the delivery of such deed;
c) Any lien for,municipal betterments assessed.afterthe,date of closing;and.
d) Any easement, restriction :or:agreement of record presen. in force and
applicable which does not interfere with the Buyers' stated purpose of
construction on the Rremises:ofasinglefaniilytresidenti .1 dwelling With ancittary
structures and the use and enjoyment thereof after constcuction for residential
dwelling purposes.
Buyer shall conduct a title examination within 60.days of the;date''of this purchass and
sale agreement,. In the event that the Buyer obiects.to,any Utle matters existing as of
the'date of this agreement,the Buyer shall have theiright to terminate this.purchase and
sale agreement and receive back.all deposits paid hereunder by giving written notice to:
the Seller of Buyer's election to terminate under ih;s provision,.said notice to be given
within said 60 day period. Should the Buyer not exercise this option to terminate,'Buyer
shall accept all title matters existing as of the:date of this agreement.
5. Plans: if said deed refers to a plan necessary to.be recorded therewith, the SELLER shall
deliversuch plan with the deed in form adequate for recording or.registration.
6. Registered Title: 1n addition to the foregoing,if thotiVe to said premises is registered,said deed shall be.
in form sufficient to entitlethe BUYER to obtain a memorandum certificate of title of.said
premises,and the SELLER ahall.deliverwith said deed all seller responsibility recording
Purchase and Sale Agreement.
North.Andover Realty Trust of Essex County
Lot.1:3 on Plan.9811,Salem.Street, North Andover., Massachusetts
Page 1 of 7
fees .and instruments, if any, necessary to enable the BUYER .to obtain such
memorandum certificate of title.
7. Purchase Price: The agreed purchase price for said premises i
of which:
$ have been paid this day as.a deposit:and
are to be paid at the brims:of delivery of the
deed in :cash or by certified, cashiers,
treasurer's, conveyancing.attorney check,or
bank check.
8. Time for Subject to the provisions of Section.34 of this Purchase and SaleAgreement,,such deed
Performance: is to be delivered thirty doys•frorn.the issuance=of a building permit pursuant t.o Section
3�:of this Purchase and Sale Agreement,at'ths-above-referenced Registry of Aeeds,
ot, upon twenty-four hour notice at the officeof the attorney for the buyer`s lender,
unless.otherwise agreed upon in writing.1t is=agreed that time is of the ss eence of this
agreement. Notwithstanding the above,.:the dQlivery of the deed.shall be no later'than
thirteen months from the hate:of this agreet OK.
9 possession and.. Fu.ILpossession of said Premises free.of all tenants:and.oceupants except as Herein.
Condition of provided is to be delivered at the time of the delivery of,the,deed,said premises o be
Premises
{aj then inthe same.condition as they now are,.and
tb) not in vigiation of said.btrildi'hg and zoning laws,.and
(c) In compliance with.the..provisions.of any instrument
referred.to above.
10, -Extertsion to If the SELLER shall be unable to give.We or•to. make :conveyance,.,or to deliver
Perfect.Title or to possession of the premises,all as her..ein stipulated,or-if.at the time of the delivery of
Make Premises'Titlo the deed the premises. notconfor-.O the provisions hereof,then the'SELLER shah
Confiorrri= use reasonable efforts to remove any"defects. in title, or to deliver possession as
provided herein;or to make the said premises conform-to�the provisions hereof,as the
case may be,in which event, the time for performance hereunder,and thereupon the
time for,performance shall be extended for a Period of thirty days. Reasonable efforts
to cure deflects 10..title.shall not,require the Seiler to expend'more than $2 50Q OQ:
Additiomily, the Seller shall hot.be required to expend efforts'in the:event that it is
reaswably clear.that th:e.defect may.not be cur6d.within the.:thirty:day period,
11.. Failure to Perfect If at expiration of the.extended time far performance,the SELLER shall have.failed
Title-or Make. so•to remove.any defects.in title,delive
r possession,or rake the premises conform,as
Prelmisies- the may be; all as herein agreed, or if at'any time during the period of this
Conforrn� agreement.or any extension hereof,the holder of a mortgage on the premises.shall
refuse to pennit.any Insurance.proceeds to,be used."for such purpose„then, subject to
¢uyer's Election
be:fort to Accept Title,below,anypa�yments made.under this agreement shall
hwith refunded and all other obligations of ail parties hereto shall cease and.this.
Agreement shall be vold without recourse to the parties hereto.
12. Buyer's Election The BUYER shalt:have'the.election;. at. either the original or any extended time.for
to Accept Title: performance,.to accepfsuch title as the SELLER can deliver to-said premises In their
then condition arid:to-pay therefor the purchase price.without deduction,in which event
Purchase arid Sale Agreement
North Andover.Realty Trust of Essex County
Lot 13 on Plan 9817, Salem Street, North,Andover; Massachusetts
Page 2of7`
the SELLER shall convey suchtitle.
13. Acceptance of The acceptance of a deed by the BUYER or his nominee,as the case may be, shall be
Deed: deemed to be a full performance and discharge of every agreement and obiigaf.
herein contained,except such as are, by the terms hereof, lobe performed after the
delivery of said deed.
14. Use of Purchase_ To enable the SELLER to make conveyance as herein provided,:the SELLER may, at
Money to Clear the time of the delivery of the deed,use the purchase money or any portion thereof,to
Title: clear the.title of any or all encumbrances or interests,provided that all instruments so
procured are recorded simultaneously with the delivery of the deed or provided that the
funds necessary-to procure said instruments are.held by the attorney for the BUYER'S
lender and used for that purpose. and releases of private liens are 'delivered in
recordable form at the 6me;for performance and releases of institutional liens are
delivered after the closing in compliance with state statute and standard conveyancing
practice is Essex County..
15. Insuranow None.
16. Adjustments: Taxes for the then current.period shall be apportioned as ofthe day of performance of
this agreement and the net amount thereof shall be.added to ordedueled from,as`the
case may be,the purchase price payable by the SUYER:at the time of the delivery oftha t
deed.
17. Adjustment of if the amount of said taxes is not known at the time of deliyery of the deed,they shall be
Unassessed and apportioned on the basis of the taxes assessed for'the preceding year, V. ;a
Abated Taxes: reapportionment as soon as the new tax rate and valuation can be ascertained;and,if
the taxes which are to be.apportioned shall thereafter be reduced by abatement, the
amount of such abatement,less the reasonable cost of obtaining the same, shalt be.
apportioned `between.the patties, provided that neither party`shall be obligated to
institute,proceedings for an abatement unless otherwise agreed herein.
18. Broker's Fee:. A broker's fee for professional services of4gOORWishall be due to Francis Duffy from
Seller,but only if, as and When title passes hereunder and the deed 1s recorded,
19. Broker's The broker named herein warrants and.'represents that he.or she is a broker in:good
standing licensed by the Commonwealth of.Massachusetts als such..
Warranty:
20. Deposit: All deposits made hereunder shall .be held by Francis Duffy as agent_fpr the`Seller,
subject to-the terms of this:agreement and shall be duly accounted for at the time for
porformance of 'this agreement, provided however .that, in the event of any
disagreement between the BUYER and the SELLER, the broker shall retain such
deposit:until such disagreement is resol
depos ved either by.agreement ofotherwtse. The
it shall be:held in an interest bearing account,with the Interest on the deposit to
be accounted for at the closing and to,be paid to the;Seller at the closing, In the extent
of a default by either party,the non-defaulting party shall be entitled to the entire deposit,
together with all interest accrued thereon. In the event that the Buyer shall exercise any
option to rescind this agreement,the interest on the deposit shall be paid to the Buyer.
21. Buyer's Default . if the BUYER shall fail to fulfill the BUYER'S agreements herein;.ell deposits made
Damages: hereunder shall be retained.by the SELLER as'.liquidated damages and this shall
constitute the SELLER'S sole remedy both at law and.in equity. The parties have made
a determination thatthe amount of the deposit is a fair and reasonable estimate of the
Purchase and.Sale Agreement
North Andover Reatty Trust of Essex County
Lot 13 on Plan 9817,Salem Street, North Andover,Massachusetts
Page 3 of 7
damage to be suffered by.the SELLER in the event of a default, and the loss of the
deposit is not a penalty.
22. Release by The SELLER represents that no person has any homestead rights in the property and
Husband or Wife: shall execute and deliver a certification to that effect at the time.of the closing.
23. Liability of If the SELLER or BUYER .executes this agreement in a representative or fiduciary
Trustee, capacity, only the principal or the estate represented shall be bound, and neither the
Shareholder, SELLER or BUYER so executing,nor any shareholder or beneficiary of any trust,shall
Beneficiary or be personally liable for.any obligations„express or implied, hereunder.
Fiduciary:
24. Warranties and The BUYER acknowledges that the BUYER has not been influenced10 enter into this
Representations: transaction nor has he relied upon any warranties or representations not set forth or
incorporated in this.agreemeritor previously made in writing. The property is being sold
Jn its"as is"condition.
25. Construction of This agreement,executed in triplicate,is to;be construed as a Massobbiisetts contract,
Agreement: is to take effect as a sealed instrument; sets forth the entire contract between the
parties, is binding upon and enures to the benefit of the.parties hereto and to their
respective heirs,devisees,executors,administrators,successors and assigns,and may
be cancelled, modifted!or amended only by a written instrument executed by both the
SELLER and the BUYER. if two or more persons are named as BUYERS.herein,their
obligations.hereundershall be joint.and several.
26.. Lead.Paint Law: Not:applicable
27. ,Hazardous The:SELLER.represents that during the periiod:ftt SELLER has owned the property,
Substances: no urea formaldehyde foam .insulation has been installed at the property._ Further,
SELLER represents that SELLER has no actual knowledge or specific reason to believe
there exists in, on or .under th+e premises underground fuel storage tanks, urea-
formaldehyde or asbestos insulation.,chlordane..pr other toxic or hazardous material or
substances.
The provisions of this.paragraph shall survive the delivery of-the deed heretibder,
28: Financing This agreement is subject to the',ability of the BUYER to procure.a.Written,commitment
Contingency: from a recognized lending institution for a loan in the amount of up'to 8004 of the cost
of the land, site development(including costs associated with procuring a building
permit)and construction costs for a term of thirty years, or such shorter time as buyer
may choose, at prevailing:rates and upon prevailing.conditions,said co
rrimitri�ent to be
obtained on or before the day that is.fourteen days prior to the closrng date. Such
commitmentshall not be deemed to comply with the terms heredf unless it contains no
conditions not reasonably vothin Buyers'.ability to satisfy, including without limitation,
acceptable"as-is."and"as-completed"appraisal values.
If, after BUYER has made due and:diligent efforts to procure said financing and is
unable to:do so, the BUYER may render this agreement null and void and without
recourse to eitherparty:and the BUYER will receive back all deposits paid hereunder if
BUYER gives SELLER written notice of BUYER'S'inability to procure financing orl or
before fourteen days prior to closing. If BUYER.does not so notify the SELLER on or
before said date, BUYER'S-rights under this paragraph are waived. The SELLER is
Purchase and Sale Agreement
North.Andover Realty Trust of Essex County
Lot 1.3:on Plan 9817,Salem Street,North Andover,Massachusetts
Page 4 of 7
aware and understands that the BUYER'S financing institution will require access to the
premises for the purpose of approving BUYER'S loan. In no event;shall the BUYER be
deemed to have used diligent efforts unless the BUYER has submitted a:completed
application for financing by sixty days prior to closing,and acted reasonably promptly in
providing additional information requested by the mortgage lender.
29. Smoke Detectors: Not applicable.
30. Definitions: It is agreed that, wherever in this Agreement reference is made:to the date set for
performance of this Agreement,such reference shall be to the datespecified in Clause
8 of this Agreement, as the same may be extended pursuant to the provisions.of this
Agreement.
In,the event that any date specified in this agreementshall fall on a Saturday, Sunday
or legal holiday, the date shall be extended to the first business day following the
specified date.
All reference to the"then current year" and like references with respect to real estate
taxes payable in respect of the.-premises shall be construed to mean the'then.current
fiscal tax period within which such taxes are payable.
31. Title V: As the subject property will be served by an on-site waste disposal system, the
obligations.of the BUYER are subject to the ability of the Buyer to procure a-permit for
construction of a subsurface disposal system. If the property is not serviced by a
municipal water.system, Buyers'obligations are contingent upon the ability to install an
acceptable potable water well on the Premises.
32. Permits and A. This Agreement and BUYER'S obligation to purchase are conditional upon.BUYER.
Approvals: obtaining all governmental permits, approvals and orders with all appeal periods
having expired without appeal or, if appealed, having been resolved to BUYERS'
reasonable satisfaction to permit BUYER to construct a four bedroom single-family
dwelling with a three car garage,without need for any off site improvements and
without any moratoriums or delays and with alI Water, electricity, cable and other
utilities being available to front. lot line for -immediate 'tie-in and use "without
additional cost or assessment by anygovernmental board oragencyother than for
normal permit anal.tie-in fees.
If BUYER has not obtained all such permits, approvals .and orders by twelve
months following the date .of,this agreement, BUYER may'either waive this
provision and close within thirty (30) days or May terminate this agreement by
written notice given on the first business day following,said date,in which event all
deposits shall be returned to BUYER forthwith and .this Agreement shall be
otherwise null and void.
The BUYER may apply for building permits either in.the BUYER'S name or in the
SELLER'S name. Should the permit be issued in the SELLER'S name, SELLER
shall assign such permit and all rights thereunder to the BUYER at the closing.
SELLER shall cooperate in all regards.relative to BUYER'.8 applications related to
any and all aspects of permitting of and.constructiomon.the premises, including
without limitation, signing.applications.as Owner of the premises.
Purchase and Sale Agreement
North Andover Realty Trust of Essex County
Lot 13 on.Plan 9$17,Salem Street, North Andover,Massechus+atts
Page.S:of 7
BUYER shah-use.due diligence in seeking such permits, approvals and orders.
B. BUYER determining that the reasonably estimated cost zof engineering, clearing
and preparing the lot for construction cannot exceed If BUYER
reasonably determined such costs shall exceed, BUYER may either
waive this provision and close within thirty {30) days or may terminate this
agreement by written notice given on the first business day following said date, in
which event all deposits shall be returned to BUYER forthwith and this Agreement
shall.be otherwise null and void.
In the event thatthe Buyer does not terminate this agreement as stated herein,or
extend the time for procuring permits pursuant to the following paragraph,the time
for performance shall be not later than thirteen months from the date of this
agreement
Work Product: In:the event that.buyer does not purchase.the property within the time
allowed under this purchase and sale agreement, or in the event that this agreement.
shall be property terminated in accordance With its terms,or in the eventthatthe BUYER
shall breach this.agreement,the BUYER"s interest in all plans or work product of buyer
relating to the premises including, but not limited to plans, engineering work and
environmental reports obtained by BUYER relating in any way to obtaining approvals for
the premises'shall,if'theSELLER elects to purchase the same and pays the BUYER the
cost incurred for said work, become the sole and exclusive property of SELLER.and
BUYER shall have no.right of claim thereto: 'Ifthe SELLER,so elects, BUYER.shMl.be
bound to pay to those creating the work product all fees and costs due to the providers,
so.as to deliver the title to the:work product upon payment of the cost by the SELLER.
BUYER shall execute such documents as may be necessary to authorize the providers
to deal with the sellers as the:owheitibf.the work product. Buyer does not represent or
warrant the accuracy of such infornriation.
Notwithstanding the above,should the BUYER have filed for,all necessary permits and
approvals as of-twelve months following the date of this agreement.(Qxcept such permits
or approvals which require issuance of a permit or approval for which application has
been made)and should the BUYER have been diligently pursuing all such permits and
approvals,the BUYER may extend the time for performance to the:thirtiett dayfollowing
this issuance-of a building permit,but not later than eighteen months after the d.ate'of
this agreement:
Permits and approvals shall be considered obtained when all appeal periods have
expired,and with no appeal having been taken, or, if appealed, all appeals have been
resolved to Buyer's reasonable satisfaction..
The Buyer shall act,with reasonable diligence in pursuing governmental approvals..
Buyer shall use reasonable efforts to notify"the Seller of all filings with governmental
agencies, furnishing the Seller'with copies of the filings within a reasonable :time
following the filing_ Buyer shall.also, within a reasonable time, notify the Seller of all
decisions,findings and otheractions by the governmental agencies,with copies of such
decisions,findings and actions.
3.3, Betterments and The Buyer shall be responsible for all betterment.and. .connection fees charged for
Connection Fees: connecting the property.to water lines.
Purchase and.Sale Agreement
North.Andover Realty Trust.of Essex County
Lot 13 on Plan 0811,.Salem Street,North Andover, Massachusetts
Page 6 of 7
estimates trom contractors. tsuyers ngnt to enter vie premises Tor the purpose oT
conducting inspections, site visits,testings, studies,surveys, borings,test pits and the
like,or for any other purpose allowed under this agreement shall be at Buyer's sole risk
and expense. Buyer and its agents shall create no dangerous conditions on the
property by virtue of such inspection and testing. Prior to BUYER or any of its agents
or invitees entering the property, however, BUYER. shall provide SELLER with proof
of a comprehensive general liability policy covering activities of Buyer's agents on the
property in a minimum amount of$1,000,000.00 for bodily injury and property damage,
naming the Seller as an additional insured,provided the cost to the buyers of adding the
seller is not in excess of$100 per certificate. Buyer will employ only contractors with
liability insurance in the same amount,or greater. At the conclusion of any testing,the
Buyer shall restore the property to its former condition, insofar as this may be
reasonably accomplished. Buyer shall indemnify and hold the Seller harmless from any
liability resulting from the actions of the Buyer or its agents, servants, employees or
invitees.
5. Notice Any notice to be given under this agreement shall be in writing and shall be either
delivered in hand or mailed via U.S. mail, certified mail, return receipt requested or
served by constable in the manner allowed for the service of legal process or sent via
fax or email,at the address stated in Paragraph 1. In the case of notices to the Seller,
copies of all notices shall be emailed to James R. Senior, Esq. at
james.senior.esq@gmail.com . in the case of notices to the Buyer, notice shall be
emailed to Kathryn M. Morin, Esq at kathrvn(a)kathrynmorinlaw.com and copies of
all notices shall be emailed to Denise Brogna, Esq. at Denise@Brognalaw.com. Any
notice so mailed and e-mailed shall be considered given on the date of the e-mail
transmission. Any party may change the address to which notice is to be given by
delivering notice in the procedure required of that party's new address. No mailing
address may be a post office box,but must be an actual street address.The attorneys
for the parties may extend dates by mutual agreement that may be by exchanged
emails.
Riders The rider attached hereto is incorporated herein by reference.
EXECUTED UNDER SEAL ON THE DATE FIRST WRITTEN ABOVE.
North Andover Realty Trust of Essex County
By:
E ith M. Nitsche, Trust Denise Brogna
Anthony Brogna
Purchase and Sale Agreement
North Andover Realty Trust of Essex County
Lot 13 on Plan 9817,Salem Street,North Andover, Massachusettft
Page 7 of 7
EXHIBIT "A"
Buyer and Seller agree to the following terms in.addition to.those set forth.in the Main.body:af this
Purchase and Sale_Agreement. In the event of conflict between this Exhibit and the Main body,of
this Agreement,the provisions of this.Exhibit shall control.
1. Any title or practice matter which is the subject of a title or practice.standard of the REBA
shall:be governed`by said title or practice standard to the extent applicable,unless there is
conflicting case slaw, or a holding in any court of law (including but not limited to: Land
court,jious'ing court, Probate court, District court or Superior court) with said REBA title
practice and.standards and in such event, it is in Buyer's discretion whether or:not Said.
1EBA title and practice standards or case law will control, and to the extent such title or
practice standard does not contradict any expressed term or condition of this Agreement.
2. It:"is utidcrstood and agreed by the parties that the premises shall not be'in confornuty w ith.
the(itle provision;of this.agreement unless:
�a)
no buildings,structure or improvement of any kind belonging to. any other person
or:entity shall encroach upon or under said premises;
(b the premises:shall abut a public way duly laid out or accepted by the.:city or'toNVn
in w.hieh said premises are lo.cated;or;,provide indefeasible access to same;
(c) the premises is legally subdivided and separated from all other lots pursuant toile,
provsoris of the Subdivision Control Law,M.G.L.A.,ch.46A:and
(d). the;p=misesIs not within a so-called"1;lood.Plain.Area"or'"Flood PIam;Zone"or
any other such Flood-prone areas as determined under the maps andxr gulations�of
the Federal Emergency .Management: Agency, with respect to the Federal `Flood
Blain insurance-:program:
3: At closing; Seller.to.execute all 'customary Lender, Lender:attorney and Buyer attorney
requested.forms including but not limited to: RESPA,.FNMA A,ffidavit, 109.9-. (including
social securitynumber),title.insurance affidavit,TJFFI affidavit,written certification of nqn-
foreign status (and that therefore no withholding tax.is required at closing_and compliance
agreement.
4. By executing this agreement, the Buyer and Seller hereby grant to:their attorneys the actual
authority to bind them for the sole limited purposes of allowing them.:to cancel, grant
extension,_modify or amend this agreement in writing, or.execute any agreement regarding
this purchase. Further,forpurpose.s of this Agreement, email transmissioris:and/or facsimile
signatures on such written instruments shall be binding upon all parties.
5. luo later than ten (19) days prior to closing, Seller shall provide closing attorney with a
signed consent.form to obtain payoff figures and the following information to allow the
closing. attorney to obtain payoff figures. 'in a. timely manner': names of mortgagee(s),
loan/account number(s), telephone number(s) for mortgagee(s) and Seller's social security
numbers.
6.. Seller's deed shall be:executed by the Seller personally and shall not be.executed under
power of attorney.
7. The Buyer and Seller represent and warrant to each other that neither party has contacted
any real estate broker in connection with this transaction other than the broker named in the
Purchase and Sale. Agreement. The .Buyer and Seller agree to indemnify each other and
hold each other harmless from any'claim, loss, damage, cost or, liabilitylor any.brokerage
commission or fee Which may be asserted against the:Seller or Buyer in:ponnection with this
transaction:other than as reflected in the Purchase and Sale Agreement.. The provisions of
this paragraph shall survive delivery of the deed.
8, The.Buyees,potformance hereunder is conditioned upon title to the premises being.insurable
for the benefit of the Buyers on a;standard American Land Title Association fbirm-insurance
policy`currently in use by a Title Insurance Cornpatiy .licensed to do business :41 the'.
Commonwealth of Massachusetts, at normal premium rates, subject only to those printed:
exceptions to title normally included in the:"jacket",. If title insurance that Y;insures.oveet a
known defect`is .available at the time for performance, Buyer shall have the option of
accepting sueh'fitle.and title insurance or declining title and,terminating this agreement:
9.. Seller represents that Seller is not a ".foreign person" as defined in Section 1445 of the
Internal Revenue Code of 1986,as amended,and agrees.:to.deliver to Buyer, at or before the
Closing;.an executed "non-foreign".affidavit in compliance with the .I.R.C. tection 144$
.(bx2)and the regulations thereunder.
loo. If this agreement or any other, provisions. by way of reference incorporated herein shall
contain any term or provision which shall be invalid, then the remainder of the Agreement
or.other m' strument by way of reference incorporated Herein,as the case:maybe,shall not be
affected thereby and shall remain valid and in full, force,and effect to the fullest extent.
pernutted.by law..
I.I. Pot purposes of this Agreement,Facsimile Signatures or email.signatures shall be construed
.as:originals•
End of Text
Signature Page Pallows
Sipe
d.,as a,sealed instrument.on the dates indicated below.
BUYER:
enise.Brogna
DATE:
Anthonp Brogna
DATE: .
SELLER-
Edith,M.Nitzsche,Trustee
North Andover Realty Trust of Essex County
DATE:
DYER:
enise Brogna
ATE:
nthony Brogna
ATE:
ELLER:
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orth Andover Realty Trust of Essex County
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,may Town of North Andover
HEALTH DEPARTMENT
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CHECK #: �_ DATE: 0/6
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LOCATION: /bd..q - y/ /.Z30Lp�/�
H/O NAME: _1Y / L2 SG e.
CONTRACTOR NAME:
Type of Permit or License: (Check box)
❑ Animal $
❑ Body Art Establishment $
❑ Body Art Practitioner $
❑ Dumpster $
❑ Food Service- Type: $
❑ Funeral Directors $
❑ Massage Establishment $
❑ Massage Practice $
❑ Offal(Septic)Hauler $_
❑ Recreational Camp $
❑ Sun tanning $
❑ Swimming Pool $
❑ Tobacco $
❑ Trash/Solid Waste Hauler $
❑ Well Construction $
SEPTIC Systems:
Septic-Soil Testing
❑ Septic-Design Approval $
❑ Septic Disposal Works Construction(DWC) $
❑ Septic Disposal Works Installers(DWI) $
❑ Title 5 Inspector $
❑ Title 5 Report $
❑ Other:(Indicate) $
t Health Agent Initials
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White-Applicant Yellow-Health Pink- Treasurer
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HEALTH DEPARTMENT
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CHECK#: Z-7 99 DATE: 3
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LOCATION: /O 6. � - y1 ///n
H/O NAME: L Sc/7C
CONTRACTOR NAME:
Type of Permit or License:(Check box)
❑ Animal $
❑ Body Art Establishment $
❑ Body Art Practitioner $
❑ Dumpster $
❑ Food Service-Type: $
❑ Funeral Directors $
❑ Massage Establishment $
i
❑ Massage Practice $
❑ Offal(Septic)Hauler $_
❑ Recreational Camp $
❑ Sun tanning $
❑ Swimming Pool $
❑ Tobacco $
❑ Trash/Solid Waste Hauler $
❑ Well Construction $
SEPTIC Systems:
9 Septic-Soil Testing
❑ Septic-Design Approval $
❑ Septic Disposal Works Construction(DWC) $
❑ Septic Disposal Works Installers(DWI) $
❑ Title 5 Inspector $
❑ Title 5 Report $
❑ Other:(Indicate) $
He4UhAgent Initials
White-Applicant Yellow-Health Pink-Treasurer
North Andover MIMAP August 17, 2015
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—I Meters Data Sources:The data for this map was produced by Merrimack
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t•IORTIy Valley Planning Commission(MVPC)using data provided by the Town of
Roads Of, `.o ° e
^9,1, North Andover.Additional data provided by the Executive Office of
�r Easements
? ea • 00 Environmental Affairs/MassGIS.The information depicted on this map is
Parcels for planning purposes only.It may not be adequate for legal boundary
FO - S definifion or regulatory interpretation.THE TOWN OF NORTH ANDOVER
MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING
+ ; THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY
+ ; OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT
+ • ' ♦ ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF
THIS INFORMATION
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TOWN OF NORTH ANDOVER RT "�
Office of COMMUNITY DEVELOPMENT AND SERVICES
HEALTH DEPARTMENT
1600 OSGOOD STREET; SUITE 2035
NORTH ANDOVER,MASSACHUSETTS 01845
Susan Y.Sawyer,REHS,RS 978.688.9540—Phone
Public Health Director 978.688.8476—FAX
healthd ept(a,town ofnorth andover.co m
www.townofnorthandover.com
APPLICATION FOR SOIL TESTS
e
DATE: August 14,2015 MAP&PARCEL: Map 106A Parcel 41 `X%pn 1
LOCATION OF SOIL TESTS: Lot 13 0 Salem Street 0
OWNER: Edith Nitzsche Contact#:
APPLICANT: Denise Brogna Contact#:978-561-1390 `
�r4
ADDRESS: 57 Hickory Lane,Boxford,MA 01921
ENGINEER: John Morin,The Morin-Cameron Group,Inc.Contact#:978-887-8586
CERTIFIED SOIL EVALUATOR: Alex Parker \CSA , {' 10\
Intended Use of Land:_Residential Subdivision X Single Family Home Commercial J � �` '
Is This: Repair Testing: Undeveloped Lot Testing:X Upgrade for Addition:
In the Lake Cochichewick Watershed? Yes No X
THE FOLLOWING MUST BE INCLUDED WITH THIS FORM
("��N r
➢ Proof of land ownership(Tax bill,or letter from owner permitting test) *P&S attached
'F—` •
➢ 8.S"x 11"Plot plan& Location of Testing(please indicate test nit sites on the plan) Vie
➢ Fee of$425.00 per lot for new construction. This covers the minimum two deep holes and
two percolation tests required for each disposal area. Fee of$360.00 per lot for repairs or upgrades.
GENERAL INFORMATION
➢ Only Certified Soil Evaluators may perform deep hole inspections.
➢ Only Mass.Registered Sanitarians and Professional Engineers can design septic plans.
➢ At least two deep holes and two percolation tests are required for each septic system disposal area.
➢ Repairs require at least two deep holes and at least one percolation test,at the discretion of the BOH
representative.
➢ Full payment will be required for all additional tests within two weeks of testing.
➢ Within 45 days of testing,a scaled plan(no smaller than 1"-100')shall be submitted to the Board of Health
showing the location of all tests(including aborted tests).
➢ Within 60 days of testing soil evaluation forms shall be submitted.
Please Do Not Write Below This Line
N.A.Conservation Commission Approval D
Signature of Conservation Agent.
\ /(z
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1
Date back to Health Department:(stamp in): &_ \ ,�I ,
VO�
�( 1
Blackburn, Lisa
From: Isaac Rowe <irowe@millriverconsulting.com>
Sent: Thursday, September 03, 2015 8:44 AM
To: Blackburn, Lisa; 'Pam Lally'
Cc: Grant, Michele;Isaac Rowe
Subject: RE: 0 Salem Lot 13
Attachments: Lot 13 - 0 Salem Street- Soil testing results 9-2-15.PDF;Alex Parker's notesjpg
Lisa/Michele,
Attached are the soil testing results for the above referenced property.
This soil testing was for new construction. Also attached are the Alex Parker's(soil evaluator) notes.
There was only one test pit with >4'of naturally occurring pervious soil.
Therefore,there were no suitable areas determined for a new septic system on the property. All soil testing was
conducted beyond the 100'wetland buffer zone.
Let me know if you have any questions.
Isaac M. Rowe, R.S.
Project Manager
Mill River Consulting
6 Sargent Street
Gloucester, MA 01930-2719
Phone: 978-282-0014 ext.804
Fax: 978-282-1318
irowe@millriverconsulting.com
www.millriverconsulting.com
-----Original Message-----
From: Blackburn, Lisa [mai Ito:LBlackb urn @townofnorthandover.coml
Sent:Tuesday,August 18, 2015 3:50 PM
To: Dan Ottenheimer; Isaac Rowe; Pam Lally
Cc: Grant, Michele
Subject: 0 Salem Lot 13
Conservations notes for soils.
-----Original Message-----
From: noreply@townofnorthandover.com [ma i Ito:noreply@townofnorthandover.com]
Sent:Tuesday,August 18, 2015 4:02 PM
To: Blackburn, Lisa
Subject: Message from "ComDev-Health-Ricoh"
This E-mail was sent from "ComDev-Health-Ricoh" (Aficio MP C3002).
Scan Date:08.18.2015 16:02:24(-0400)
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HEALTH DEPARTMENT
,SS^CMUS��
CHECK#: DATE:
LOCATION:
H/O NAME:
CONTRACTOR NAME:
Type of Permit or License:(Check box)
O Animal $
❑ Body Art Establishment $
❑ Body Art Practitioner $
❑ Dumpster $
❑ Food Service-Type: $
❑ Funeral Directors $
❑ Massage Establishment $
❑ Massage Practice $
❑ Offal(Septic)Hauler $
❑ Recreational Camp $
❑ Sun tanning $
❑ Swimming Pool $
❑ Tobacco $
❑ Trash/Solid Waste Hauler $
❑ Well Construction $
SEPTIC Systems: i to
E
Septic-Soil Testing $
❑ Septic-Design Approval $
r ❑ Septic Disposal Works Construction(DWC) $
❑ Septic Disposal Works Installers(DWI) $
❑ Title 5 Inspector $
❑ Title 5 Report $
❑ Other. (Indicate) $
Health Agent Initials
White-Applicant Yellow-Health Pink-Treasurer