Southborough Board of Health conditionally approves 50-foot septic setback variance for 25 Park Street

The Southborough Board of Health on Oct. 7 conditionally approved a local upgrade variance allowing a proposed soil absorption system at 25 Park Street to be sited about 50 feet from an existing subsurface drain that ultimately connects to the Sudbury Reservoir.

The board’s decision matters because state Title 5 standards normally require a 100-foot setback from subsurface drains serving surface-water supplies; the applicant sought a narrower setback on the basis that the existing cesspool provides no treatment and the proposed system would meet current design standards and include an impervious barrier.

Peter Bemis, the applicant’s presenter, said the existing cesspool is “quite old” and that the property’s configuration and soil conditions left no practical alternative location for a compliant leaching area. Bemis said the drain “daylights” northwest of the site and that the closest design point on his plan is 50.2 feet from the drain. He said the design includes an impervious barrier and that the team had done extensive soil testing on the lot.

Chris (staff member) and other town staff told the board the new system would be an improvement over the existing cesspool because it would meet current Title 5 requirements and include additional protections. Chris said the 100-foot setback in Title 5 is a conservative standard and that the board has authority to grant local upgrades; he and Dennis (staff member) said they typically treat 50 feet as the practical lower limit when granting variances after other siting options have been shown to be exhausted.

Neighbor Kevin Miller of 18 Latasquama raised two questions during public comment: whether the hearing notice had been published as a public hearing (he said he could not find it in the newspaper) and the proposed system size. Bemis and staff clarified that abutters were notified by certified mail, that the agenda listed the item as a regular agenda item (not a newspaper-posted public hearing), and that the work being permitted would replace the existing system for the existing four‑bedroom house rather than increase permitted bedrooms.

Before voting, Bemis asked the board to proceed to vote today and stated he would consult town counsel after the meeting; he asked the board to condition approval on town counsel confirming that the process and notice were adequate or, if not, to permit re-notification rather than deny relief outright. Chair Chelsea (full name not specified) moved that the board “conditionally approve a variance of a setback of 50 feet from the subsurface drain at 25 Park Street on the premise that town council approves the process that the board of health went through for posting this meeting.” The motion was seconded by Madina (board member). The motion passed with the board recording ayes, including named votes recorded in the minutes (Zuluq, aye; Malinowski, aye). The board’s vote was recorded as approved; the approval is explicitly conditional on town counsel’s confirmation of the adequacy of the posting/notice process.

Next steps are procedural: town counsel will review the board’s posting and notice process. If counsel determines the board must re-notice or hold a formal newspaper public hearing, board members indicated they will re-run the hearing, which would delay construction by at least a month. Bemis said he would proceed with any required additional notice steps if directed by counsel.

Evidence in the meeting transcript shows the board combined technical review (soil tests, barrier, Title 5 compliance) with procedural caution about meeting notice; the approval is therefore focused on site feasibility and contingent on legal review rather than on unresolved technical objections.