Board of Health approves deed restriction for ADU septic compliance, hears related variances

The Board of Health voted to approve a deed restriction that will keep a house at 3 Henry Road recorded as a two‑bedroom property so an accessory dwelling unit (ADU) can be occupied without triggering a full septic replacement, board discussion showed.

Jim Scanlon, who later identified himself as acting "on behalf of MC Homes LLC," described the ADU plan and the septic review: "He has a 2 bedroom home. He would like to take 1 of the bedrooms out of the home and put it into the garage, on the 2nd Floor," and said an inspection completed June 8 by Dan Briscoe "was found to be in good shape, past the inspection." He said the solution proposed to meet ADU guidance was to keep the existing single‑compartment tank in place and add a 500‑gallon chamber next to a second compartment to bring the system into compliance with DEP ADU guidance.

A board member recommended recording the deed restriction and indicated the board would sign off on the building permit once the restriction was recorded and the project was completed. Staff explained the building inspector had placed a hold on the permit pending board action and that, once the restriction is recorded at the registry of deeds and the as‑built is submitted, staff can finalize the occupancy paperwork.

Separately, Scanlon presented a second property—an existing four‑bedroom dwelling that needs a septic upgrade—and requested two variances: relief from a town rule that requires 100 feet of separation to wetlands (while Title 5 uses 50 feet) and a one‑foot reduction in the required bottom‑of‑system separation from groundwater (requesting 3 feet rather than the typical 4 feet). He told the board his wetland scientist had conservatively placed the wetlands about 20 feet beyond a fence and that the proposed leaching field would sit more than the 50‑foot state setback from the wetland.

A board member moved to approve the deed restriction and indicated support for granting the requested groundwater separation reduction subject to the usual permit and recording steps; the motion was seconded and accepted without a roll‑call tally recorded in the transcript. Staff said they would require the recorded deed restriction and the as‑built submission before issuing a certificate of compliance needed for building occupancy.

Board members clarified several technical and procedural points during the discussion: Title 5 requires a three‑bedroom design for a new septic system but allows local upgrade approvals for reductions when using approved technologies; an irrigation well installed in 2012 on the parcel is for irrigation only and is not connected to the house; and staff will record the deed restriction at the registry of deeds and return booking‑page information to the applicant once recorded.

The board closed the agenda items after confirming staff would receive the recorded deed restriction, receive the as‑built, and then release the building permit and occupancy paperwork.