Realtor Services

Realtors are on the front line of selling property and homes and as such, should know the full potential of the property and how to maximize their sale/value of the property as well as the limitations or advantages of the property. We offer free on-site or phone consultations to realtors with any questions at all because we feel it’s important for everyone to know the governing rules and scope of permitting available for property owners.

Laws, bylaws, and moratoriums can change the direction of a sale in a heartbeat. Perhaps a client knowing that they can hook into town water or town sewer would purchase the home more quickly or without hesitation than if they did not know or have confidence that what they hope and dream to do with the property can actually be allowed or achieved. Perhaps knowing that a seawall or dock permit has already been obtained /allowed will drive the price of the property up higher with the potential buyer having that knowledge the value of the home will increase significantly.

Knowing what can and can’t be done with properties that they handle helps not only the realtor, but helps the seller and buyer as well. Perhaps someone ‘sitting on’ property that they’ve owned for years or has been passed down and was previously deemed unbuildable is actually now considered buildable due to recent changes in the Massachusetts Title 5 laws. (This is exactly the case of two of our clients. One Client in Rockport’s grandfather had left her and her sister land in Rockport; the sister’s lot was always deemed ‘buildable’ and she put a home on the property; our Client’s property had been deemed ‘unbuildable’ upon previous soil and percolation test results; when the laws governing the criteria for these 2 tests changed in 1996, the lot was/is now deemed buildable. Mill River Consulting was able to test and receive ‘buildable’ outcome for her. Another Client in Gloucester (see our testimonial page) also had purchased land many years ago but had found out that her lot was unbuildable. Upon contacting Mill River Consulting, we were confident that with the rule changes that their lot may be buildable now; today, their dream home is not only built, but they are happily living in it with incredible views of Gloucester. All changes in the rules and regulations are important to know.

Mill River Consulting works with and consults with most realtor offices across the North Shore and Cape Ann to educate their realtors on a continual basis. We typically present to groups on ‘caravan’ days when everyone is in the office; we make sure that they’re kept abreast of Title 5 rules and regulations and changes as well as their local bylaws. We also educate the teams about wastewater technologies, subdivision, land development, wetlands and environmental permitting. We explain wetlands and permitting processes in simple, easy-to-understand language as well as the benefits of providing their clients’ sites with the most optimal conditions to increase the sale of the home; for example, a waterfront property would be worth much more money to the homeowner and realtor if they obtained a permit dock and had that in place at the time of the sale (similar to updating the kitchen to increase the value of the home).

Our classes/presentations are done at no charge. Some of the presentations include:

• Title 5 Rules & Regulations and What Every Realtor Selling a Home Needs to Know
• Changes in Title 5 Rules that now make ‘unbuildable’ lots now buildable in many cases
• Septic system technologies; old, new, and the most innovative and ‘green’ technologies
• Land Use Planning, Subdivision Layout

What Exactly Is ‘Title 5’?

Background:
Industry and government leaders have come to realize over the last 10-15 years that centralized sewer systems and on-site wastewater systems (also known as septic systems) can each provide equal pollution removal. The science and technology behind on-site wastewater systems has improved greatly and many states have well-founded policies, procedures, and financing mechanisms. Here in New England, we have universities which host above-ground demonstration and education programs, states which help residents pay for repairs through loans and tax breaks, technology testing sites, and a federal agency dedicated solely to improving water quality in our rivers, streams, and lakes.

Cities and towns are frequently strapped for financial resources, so construction of centralized sewer plants or even new pipes in streets has been significantly curtailed. Providing for properly designed, built, and maintained on-site wastewater systems has become a priority for many communities and their residents.

Massachusetts Rules and Requirements
The on-site wastewater rules in Massachusetts impact every realtor in Massachusetts. These rules are called “Title 5 of the Massachusetts Environmental Code” or - more informally - “Title 5”. The regulation is written by the Massachusetts Department of Environmental Protection (DEP) and implemented by each community’s Board of Health or Health Department.

These rules govern the inspection, design, replacement and - to a lesser degree - the maintenance of on-site wastewater disposal systems. The design components of the regulations are to provide for new or replacement systems which do not pose a risk to building occupants or the general public from improperly treated sewage. Since 1995, the rules have also required the inspection of an on-site system prior to transfer of a property. If found not to pass the inspection criteria, the system must be fixed within a two-year period.

The inspection requirement was designed to find those on-site systems which may be contributing to general health or environmental risk and have them replaced.

Highlights of the Rules Changes
The DEP recently (April 2006) issued some amendments to the Title 5 rules. These amendments are generally designed to improve the options available to designers, regulators and property owners who have a parcel served by an on-site system. The changes are not major but are substantive. DEP has used a combination of science, policy interpretations over the years, and input from a small Title 5 Roundtable plus the general public in crafting these rules and subsequent amendments.

Highlights of the regulation changes made in April 2006 which might be of interest to realtors and/or their clients include:

• The depth of soil which must be present beneath a soil absorption system before ledge or clay soils are encountered was decreased. This was accomplished by allowing other types of soil layers to be deemed acceptable. This will allow some sites which had not previously been buildable or may have needed a more sophisticated system to be allowed to have an on-site system. A great example of this newly found benefit is a recent (April 2007) client with formerly ‘unbuildable’ property (on Thatcher Road in Rockport) which was recently deemed buildable. The property was given to our client by her grandfather….for years, nothing could be done with the property. Mill River went out, did soil & perc testing, and determined (based on the new regulations) that a home can now be built on the property. (Needless to say, the client is thrilled)
• The method for performing percolation tests was changed to shorten the length of time it can take, saving time and money
• Licensing for system inspectors has changed from a lifetime license to one which requires renewal by the Massachusetts DEP. This ensures that system inspectors keep current with technologies, rules, regulations, etc.
• Smaller leach areas are allowed when certain types of pump or drip dispersal systems are used
• Increased density will be allowed for properties served by a drinking water well and an on-site system or other nitrogen sensitive areas
• On some sites, less deep hole excavations may be dug if the soil is found to be consistent
• Some types of situations which previously required approval by both the local Board of Health and the DEP have been changed to only require local approval

Another recent change reduces the monitoring frequency for many types of pre-treatment (sometimes referred to as Innovative/Alternative or “I/A” systems). This was completed after several years of analyzing data and will result in decreased expense to land owners.