Board approves septic system local upgrade at 66 Shannon St., requires deed restriction and hold‑harmless agreement

The Fall River Board of Health on Sept. 29 approved a local upgrade plan for 66 Shannon Street that combines a septic system repair with drilling a new private well, but the approval is conditional on the applicant recording a one‑bedroom deed restriction and a hold‑harmless agreement to protect nearby property owners because the proposed well location would provide only a roughly 60‑foot setback to a neighboring leaching field.

The conditions reflect board and staff concern that placing the new well close to the neighboring system at 1091 Spencer Street could limit that neighbor’s options if they later need to replace or repair their septic system.

Board staff presenter explained the board had previously approved a replacement septic plan contingent on the property tying into municipal water, but the owner declined because the water main would require running roughly 100–110 feet of pipe at the owner’s cost. The new plan presented to the board substitutes a private well; staff said the proposed well would provide about a 60‑foot setback to the leaching field on the property across the street. Staff noted the neighboring property owner (LaPointe) was notified of the hearing and that the consultant provided certified mailing proof.

The consultant presenting the plan said the septic replacement design itself raised no technical objections from staff but that the well location could reduce the available area for the neighbor to install a future replacement system; staff recommended the deed restriction (limiting the home to one bedroom) and a hold‑harmless agreement covering both the city and the adjoining landowners. The existing septic system on the neighboring property was noted as installed in February 2001.

A board member asked what happened to the prior plan to connect to municipal water; staff said the owner chose not to incur the cost of running the water main, which staff estimated as about 100–110 feet from the intersection of Spencer Street. The board voted to approve the plan with the conditions; roll call recorded affirmative votes from Thomas Corey, Michael Coughlin and Dr. Steven Gagliardi.

Staff told the applicants (Mr. and Mrs. Perry) they would be notified by the appropriate authorities about next steps for recording the restriction and executing the hold‑harmless agreement. No further details on construction timing or permitting were provided at the meeting.