The Marion Board of Health didn’t disagree during its October 19 public meeting about the definition of a bedroom as much as whether the town should be increasing its involvement beyond the application of state regulations that already exist.

            For Board of Health purposes, a bedroom is defined to help establish what is necessary for the size of a septic system.

            Dr. Ed Hoffer, the chairman of the Marion Board of Health, alluded to interaction with Building Commissioner Bob Grillo when noting how Title 5 compliance could be tied into the board’s vetting of a bedroom count.

            “We’re starting to become the secret police of the sewer systems in the town. I really object to it,” said board member Albin Johnson. “I think it’s sufficient to go with Title 5, definitions that we currently have. We can’t really keep going back on people after they’ve built the house and check on everything they’ve done or what they’re going to do. You have to rely on the people because, when you buy real estate, you buy a certain bundle of rights with that piece of real estate.”

            Johnson also pointed to existing regulations and fire laws.

            “I hear you,” said Hoffer, but he posed a hypothetical. “Somebody buys a three-bedroom house with a septic system approved for three bedrooms, and they have eight kids and start converting all usable rooms in the house for bedrooms. Do you not see that as a problem?”

            Johnson said that, theoretically, a family could buy six air mattresses and place them anywhere in a house.

            “We’re getting down to being too specific, I think,” he said. “I know that when we did the Title 5 revamp in the ’90s, they agonized over, ‘do we do it on the number of bedrooms or do we do it on the number of bathrooms with Title 5?’ And they opted to do it with the number of bedrooms. Now we’re going back and revisiting the number of bedrooms, and that’s all well and good. But, once you’ve given them the certificate of occupancy, do you really have the right to back and ask, ‘what are you really using that room for?’ … I think it’s …” “Overly intrusive?” Hoffer asked. “Overly intrusive,” Johnson said.

            Board member Dr. John Howard clarified Title 5 as a state regulation based on the size of the leaching field and the septic system. Pointing out that the state has defined a bedroom as 70 square feet, he suggested the board go with that and not try to modify it.

            “More and more we’re going with tiny houses … they’re being built a lot now,” said Howard. “I’m not sure what that means, but it’s probably going to mean smaller rooms, smaller bedrooms. Maybe more people in a bedroom. I think we have to be aware that that’s coming.”

            Having recently done clinic work at the military base where migrants are being held, Howard described their housing as very nice but very small. Designed for transient soldiers, the housing is more densely populated. Howard said his own house has been designated as three bedrooms. Three people now live in the house, but before he bought it eight lived there, one of the bedrooms having had two double bunkbeds. The house has two full bathrooms and a half bathroom.

            “I hate, as we go into high-cost housing and homelessness, I hate to say to the previous family or the family that may succeed … may purchase my home at some point, that you can’t have two double bunks in that bedroom. I don’t want to do that, and yet the septic system is getting the advantage of eight people …”

            Howard estimates with guests that even more used the house.

            Hoffer said that while Howard knew with just three residents the septic would be adequate, it’s more complicated for a family of four moving into a “four-bedroom house” only to see the septic system fail and then learn that replacing that system requires an expensive upgrade.

            In attendance, Building Commissioner Bob Grillo noted the state’s definition of any room being 70 square feet minimum and in noting hypothetical details such as a 6-foot opening, said implementing regulations becomes problematic.

            “The problem I have and the reason I asked if you could create a policy on this is that a lot of people come to me with these questions, and not that I should be able to answer every question for everybody, but it should be a simple thing to say, ‘by Board of Health regulations it meets this criteria so it’s going to have to go before them for a new septic or review or a deed restriction.’ Whatever you decide is appropriate,” said Grillo, who cited three examples from the week before the October 19 meeting.

            One was an application to place a bathroom in a garage office. He asked, does the town want to make somebody who wants an office space upgrade their system. Grillo said new constructions are relatively simple, while additions are tricky. People want to know if they want to put a room above a garage if it will be considered a bedroom and require a septic upgrade.

            “I was a builder for 30 years and I think less restriction is better, but something like that is prudent because it covers future owners,” said Grillo. “If it looks like it’s a four-bedroom house and it’s really only a three-bedroom septic design, it’s really hard for someone to figure that out. But if there’s a deed restriction on it, they can figure it out really easy.”

            Furthermore, Grillo said that commercial properties have occupancy limits and can therefore design septic accordingly. In residential properties, there are no occupancy limits.

            While Johnson reiterated his stance that a municipal policy would be intrusive, Hoffer said the board is “not going in” but only informing a homeowner that an addition should come with a deed restriction so that the next buyer knows they are not buying a four-bedroom house but a three-bedroom house with an office.

            “I just don’t like the idea of burdening a deed with another,” said Johnson. “Is there a real problem? I don’t see the problem.”

            Grillo said his only concern is with the resale of a home under false pretenses.

            The 25-minute discussion ended with the matter being tabled with the intention of reaching a consensus at the next Board of Health meeting on November 1.

            In her update to the board, Health Agent Shallyn Rodriguez shared information that led the board to approve a septic upgrade at 618D Delano Road. The applicant’s representative designed the system for five bedrooms based on a 1990 addition.

            Rodriguez is looking to schedule an inspection at 28 Pitcher Street in hopes of closing out that concern. She reported that there is no longer wildlife on the property.

            The board approved a two-week extension for the trailer at 357 Point Road.

            In her update, Public Health Director/Nurse Lori Desmarais reported that there have been 164 West Nile positive mosquitoes in Massachusetts in 2023, and a fourth human case was diagnosed in Norfolk County. Marion had one positive mosquito found in September.

            There have been positive mosquitoes carrying Eastern equine encephalitis (EEE) virus, none infecting humans.

            Before the October 19 board meeting, the town conducted a flu-vaccine clinic for approximately 40 people at Sippican Elementary School. Marion had already distributed 450 vaccines this season. No more clinics are scheduled at this time, but residents can call the Health Department and schedule a vaccine. Howard said the flu going around this year is Type A, which is very receptive to the vaccine.

            With 110 residents declaring interest, Desmarais reported having ordered the Modern COVID-19 booster. A November 9 drive-through clinic has been tentatively scheduled with November 16 as a backup date. A Pfizer representative told Desmarais that a clinic can be held at Little Neck Village. Desmarais anticipates the clinic being open to others.

            The next meeting of the Marion Board of Health is scheduled for Thursday, November 2, at 4:00 pm at the Police Station.

Marion Board of Health

By Mick Colageo