Board approves variances for two Arkansas Avenue septic repairs after resident raises notification concerns

The Board of Health approved local relief Oct. 16 for two septic repair/upgrade applications in the Madigan/Arkansas Avenue area where tight lots and shared easements make conventional systems difficult.

Ryan Maxwell of Bracken Engineering explained both applications. For 54 Arkansas Ave., Maxwell said the existing conventional system was in technical failure and the proposed repair includes a MicroFAST (IA) tank and a new leach field; variances sought included reduced leach-field setback to a property line (as close as 10 feet in one location versus the required 50 feet in the local code), lack of a reserve area and a request to place treatment components across an easement on adjacent land. For 26 Arkansas Ave., Maxwell said the leach field remained functional and the work was limited to placing a MicroFAST tank on property where Title 5 setback relief would reduce a required 10-foot tank setback to as little as four to seven feet.

A nearby resident raised concerns about notification and the chain of title for common rear parcels. "The common area isn't owned by a single entity" and multiple narrow strips behind townhouses host existing soil-absorption systems, the resident said, asking whether all potentially affected owners had been notified. John (Health Department staff) and Maxwell said direct abutters were notified per Title 5 procedures and that easements allowing installation of systems on those rear parcels are on file; Maxwell said such easements are typical in that neighborhood.

Board members pressed for verification that easements were recorded; staff said they would confirm the easement records and that Butter (abutter) notifications were sent to the assessed abutters based on assessor/GIS records. Despite the concern, a board member moved to accept the variance requests, and the board approved both applications.

What the approvals do: They allow installation of IA tanks and other relief as described on the plans; applicants said the upgrades increase system performance and in one case avoid increasing wastewater flow. The board asked staff to confirm easement documentation in the files for future applications in the same block.

Quotes in context: "We're also requesting a variance to section 303-3c, which would require a reserve area, but we lack the space to provide one here," Ryan Maxwell said during his presentation. A resident asked for assurance that all affected owners had been notified, saying the rear common area is a "mishmash of ownership." Health staff responded that abutter notices are sent based on assessor and GIS records and that recorded easements should be on file.

Follow-up: Staff will confirm recorded easements and review notification lists for similar forthcoming Arkansas Avenue applications. Several board members noted more applications were expected in the neighborhood and asked staff to ensure consistent notification and easement verification procedures.