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Q & A
Q: I am selling my home and I am told I need a Title 5.
What is a Title 5?
A: Whenever a home is sold in the state of Massachusetts and it is serviced by a septic system, an inspection of the septic system must be performed. The inspection consists of opening the septic tank, located and opening the distribution box, and making observations as to the functioning of the system. If the system is working properly, it is considered a passing system and a report is generated by the inspector. This passing report is then given to the new buyer when the house is sold. If the inspection fails a new septic system will need to be installed.

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Q:My septic system failed Title 5. What do I do now?
A: Usually when a septic system fails you need to install a whole new system. The new system must be designed by a Registered Professional Engineer or Registered Sanitarian. There are several steps in the design of a new system which your engineer will be required to follow. A brief description of what needs to be done is as follows:
  1. File an application for soil testing with the local Board of Health.
  2. Excavate two deep test pits and perform a percolation test. The information gathered from the test pits and percolation tests is used to design the proper size septic system for the soil in the area of the new system.
  3. Survey the lot to identify the location of the house, driveway, and other major features of the land as well as determine the elevations of the land.
  4. Design the appropriate system for the lot and prepare the required plans.
  5. Submit the plans to the local Board of Health for approval.
  6. Distribute the plans to contractors for pricing.
  7. Choose a contractor to install the system.

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Q: I want to put a fence around my property. Do I need a survey to tell me where my property line is?
A: It is a good idea, unless you know precisely where your property line is, to have the property line surveyed prior to erecting a fence. If you erect a fence and it ends up on your neighbors property, the fence then is on his land and belongs to him. To avoid this situation it is prudent to have a surveyor stake your property prior to erecting the fence.

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Q: I want to put an addition on my house. Do I need a survey plan showing where the new addition will go.?
A: Most building inspectors will require that you have a certified plot plan showing the property, existing house, and new addition with the offsets to the property lines. This plan is used by the building inspector to make sure the proposed addition will be the required distance from the property line. A mortgage plot plan is not the same as a certified plot plan and most building inspectors will not accept a mortgage plot plan.

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Q: What types of home additions require a permit from the town?
A: Any work you do at your home requires a permit from changing a plug to building a whole new house.

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Q: I have a large piece of land that I want to sell or build on, what do I need to do to get a permit?
A: The first step is to have the piece of land surveyed. The survey will tell you how much land you have and how many new lots you will be able to create. There are several ways to divide a piece of land all of which depend upon how the land is shaped and how much frontage on an existing roadway you have. The process will also involve locating the wetlands, if there are any, determining if the lots will have wells or town water, and determining if the lots will be serviced by municipal sewer or septic systems. The whole process can be more fully explained by having an on site meeting with an engineer.

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Q: What are wetlands and how do they effect what I can build on my property?
A: Wetlands are defined as areas where the ground water is within 12 inches of the ground surface for three months of the year or longer. These conditions promote the growth of wetlands vegetation such as skunk cabbage, cat o nine tails, and ferns. When building on a property the state wetland protection laws do not allow you to build anything within the wetlands. Many local regulations prevent you from building within 50 feet of a wetland. It is very important to determine where the wetlands are before spending time and money designing additions which may not be able to be built.

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Q: I know I have wetlands on my property. If I want to add on to my home do I need to file with the conservation commission?
A: If you have wetlands on your property and you want to do any work which will require disturbance of the ground and that work is within 100 feet of the wetlands, then you will need to file with the conservation commission. If all of the work will be further than 100 feet from the wetland then you do not need to file with the Conservation Commission.

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Q: I want to build a commercial building on the land I own. How do I get a permit to build?
A: Obtaining a permit to build a commercial building will usually involve a special permit from the planning board. The planning board will want to review the architecture of your proposed building, review any access and traffic issues, and make sure the site is developed in a manner which is in harmony with the surrounding development in the town. If you have wetlands you will also need a permit from the conservation commission. Commercial development is usually a much more complicated process than a residential permit unless the development is very small. A consultation with an engineer on site would be recommended prior to making any plans for development.

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