The Marion Board of Health voted on August 24 to grant a variance to the owners of property at 458 Mill Street, allowing the construction of a bathroom inside the garage without denitrification technology in its septic system.
When an accompanying house is built at a later date, the garage bathroom will tie into the denitrification septic system planned for the house, as stipulated by the board’s decision.
In the second of two public hearings held by the board on August 24, Dave Davignon of Schneider, Davignon & Leone, Inc., represented applicants Nancy Lyle Howland and John P. Manning, who recently purchased a five-bedroom home that Davignon described as “dilapidated.” The plan is to demolish the house and construct a three-bedroom, single-family house in the rear of the property.
“That house would have a denitrification system; we’re proposing a (denitrification) septic tank and a pump chamber, and then a three-bedroom leaching field up by the road where we had good results with soil testing,” said Davignon, noting that the soil testing in the back of the property was not good. “But the front was excellent; we actually had a two-minute, per-inch (percolation) rate.”
At question was the plan to add a bathroom to a 28×48-foot accessory garage without denitrification technology in a separate septic system. The house construction is not anticipated by Davignon for at least a few more years.
“They would like to have a bathroom at that location so when they go to work on vehicles or whatever they do with their recreational stuff. … It doesn’t make any sense to them to put in a (denitrification) system that might get the flush of a toilet once or twice a month,” he said.
Davignon described his solution as a dual system, the house in the future with a denitrification system and accompanying pump chamber and, in the northwest corner of the garage, a two-compartment septic tank with a gravity-based feed into a leaching field.
The board was asked to consider a variance for the septic system that will serve the garage without denitrification technology and a leaching field to serve just the garage until the house gets built.
“If we put (denitrification) in, it would be basically a useless component. It’s not going to get enough flow to do anything,” said Davignon, who estimated $8,000 to $10,000 in additional expense should a variance be denied and the applicants forge ahead with the garage bathroom. The hardship that would justify the variance is that no bathroom would mean just that on location until the house gets built some years down the road.
Board Chairman Dr. Ed Hoffer asked for assurances that the garage bathroom would only be used at the frequency described and that the garage not be converted into an accessory dwelling. Davignon said he did not believe the garage to have a second floor that could be considered for such conversion.
“I don’t think there would be any issue with stipulating that no living space will be permitted in the building. That would put it to bed,” said Davignon.
Board member Albin Johnson sought and got confirmation from Davignon that the overall design on the property including the leaching field is tailored for a denitrification system.
Davignon pitched a stipulation that with the granting of the variance allowing the construction of a garage bathroom without a denitrification system, once the house is built the line coming from the garage could be tied into the denitrification system planned for the house and its own gravity tank abandoned.
The garage, according to Davignon, is larger than the plan for the house. He called it a “four-stall” garage and explained the applicants’ intention to store a boat as well as vehicles.
Joyce Kohout, an abutter at 142 Spring Street, had a representative at the meeting who asked the board about an unrelated, stormwater matter. Noting the slope towards Kohout’s yard and issues with flooding when snow melts or during heavy rain, he said, “We’re a little concerned with replacing the house that’s there with two structures that are bigger, and then a driveway that’s paved.” Kohout is concerned about conditions worsening after the planned construction.
Davignon said, when he adjusts the plan to include the board’s mandate for tie-in to the house’s denitrification system upon its construction, he would also adjust the grade to ensure water stays on the 458 Mill Street property by creating a berm and putting in some infiltration. He told Kohout’s representative that the critical corner of the lot had been completed with “lousy fill.”
A continued Public Hearing from July 27 was held on variances requested by Richard Hunter at 25 West Avenue, including approval for a leaching field less than 20 feet from cellar walls and less than 10 feet from property lines, a septic tank less than 10 feet from property lines, and approval of one instead of two observation lines in the disposal area.
Representing the applicant was Carmelo Nicolosi from Charon Associates, who described the septic system as including denitrification technology in a gravity system so there are no pumps. An underground propane tank has been removed and will be replaced by an above-ground tank.
“That may simplify things if (the system) can be moved to the south, get away from the sideline setback,” said Hoffer.
Nicolosi followed suit in acknowledging that the unearthed tank paves the way for a change in plans so as not to require the setback variance.
Abutter Hudson Plumb at 27 West Avenue brought a representative, who clarified his opposition not to the septic system itself but the variance request as it applies to the setbacks.
While Plumb’s representative acknowledged the quality of the Title 5 system proposed and the new information about the removal of the propane tank, she noted that Hunter also owns the adjacent, “contiguous” lot, indicating his ability to meet all the setback requirements without hardship. Denial of the variance would not create a manifestly unjust situation, she argued, indirectly quoting Title 5 law.
Johnson asked if the lots are held under the same name, and Plumb’s representative said the properties have been held in common ownership since 1968.
Nicolosi agreed to a redesign to achieve the maximum amount of setbacks and requested the case be continued to Thursday, September 7, at 4:15 pm.
In her Public Health Director update, Lori Desmarais reported that August saw one case of babesiosis from a tick bite and eight cases of Lyme disease, down from July. There has been a recent increase in the number of positive mosquito samples, but as of August 24, Marion was still a low-risk town for West Nile Virus and EEE.
Desmarais also noted Plymouth County’s tick and mosquito August presentations at the Cushing Community Center. Hoffer said, so far, there has been a moderate number of West Nile in mosquitos but not in humans or animals and no EEE.
Desmarais said Marion is getting ready for flu vaccines in the fall. A clinic was scheduled for Tabor Academy upon the September 3 return of students. A drive-through clinic will be held on September 28 at the Cushing Community Center.
Another vaccine that Desmarais says has been shown great interest is the shingles vaccine. The challenge has been funding, but Desmarais has worked out a plan. Hoffer called it a very expensive vaccine. Medicare is a key component in coverage.
A new COVID-19 vaccine is anticipated for September or October, according to Desmarais, who also reported on Marion’s first blood-pressure clinic held the morning of the meeting.
In her Health Agent update, Shallyn Rodriguez reported that work had begun at 28 Pitcher Street with plans to make a 30-day inspection on September 1. Cooperation was also reported at 8 Pie Alley with intentions to reinspect after the 30-day mark passes on September 8.
After sifting through an update on tobacco regulations with a state representative, the board decided to hold a public hearing on updated regulations on September 21 with a potential vote to adopt.
In other action, the board granted a septic permit at 119 Quails Crossing Road on the condition that the property remains a two-bedroom property into perpetuity.
The next meeting of the Marion Board of Health is scheduled for Thursday, September 7, at 4:00 pm.
Marion Board of Health
By Mick Colageo