Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Septic Well Variance topic
No spam. Unsubscribe anytime.
Board approves well‑setback variance for 0 Minot Street pending conservation approval
Summary
An engineer requested a Title 5 variance to allow a septic tank separation of 1 inch from estimated seasonal high groundwater; the board approved allowing a well within 10 feet of the right‑of‑way pending conservation commission approval, reserving the state variance if conservation does not grant relief.
The Gardner Board of Health on June 16 approved, pending conservation commission review, a local variance to allow a private well to be located within 10 feet of the right‑of‑way at a vacant parcel identified as 0 Minot Street.
Alec Chondrous, the project's engineer, asked the board to approve a plan that would meet state Title 5 regulations except for one requested variance: a reduction of the required 12‑inch separation between a septic tank inlet and estimated seasonal high groundwater to the minimum 1 inch allowed by 310 CMR 15 when the full 12 inches cannot be met. "We're just requesting everything else on the plan that is compliant with Title 5 regulations and your local regulations. And that would be the only variance that we are requesting," Chondrous said.
Chondrous explained an alternative design: if the board would grant local relief on the town's well setback (which he said is 25 feet from the right‑of‑way), the project could shift the well and septic layout so the system would comply with 100 percent of state requirements and avoid the Title 5 separation variance. For design flexibility, the applicant asked the board to consider approving both possible variances so the project would not need to return if later conservation or engineering review changed the layout. "We would like to only apply for one variance," Chondrous said, "...but if we need to come back and do the tank instead, we could do that."
Board members discussed the local setback and noted the board's current practice. After discussion the board voted to grant relief allowing the well to be placed within 10 feet of the right‑of‑way, with the approval explicitly pending conservation commission approval. The chair called for the vote and members responded "Aye." The board directed staff to withhold final permit issuance until conservation and engineering approvals were resolved.
If conservation does not approve the reduced well setback, the applicant will return to the board to request the Title 5 variance for the septic tank separation. No state approvals were granted by the board; the Title 5 (310 CMR 15) variance remains contingent on the applicant's follow‑up filings and any conservation commission decision.
