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Board OKs septic local-upgrade waivers for 440 Captain Circle with conditions
Summary
The Fall River Board of Health granted three local upgrade waivers for a septic repair at 440 Captain Circle, requiring a revised flow plan, a deed restriction limiting the home to three bedrooms, a hold-harmless agreement and recording of maintenance notices at the Registry of Deeds.
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The Fall River Board of Health on April 28 approved three local upgrade waivers for a septic repair at 440 Captain Circle, located on the south end of Watuppa Pond.
Sanitary inspector Mr. Aguiar told the board the house was built in February 2001 and that the repair site is within proximity to bordering vegetated wetlands, which limited conventional options and required alternative technology (a sand-filter system). Aguiar recommended granting the three waivers but listed conditions: the design must not exceed 439 gallons per day (to keep the system in a three-bedroom flow category), a hold-harmless agreement, a deed restriction limiting the property to three bedrooms, and recording documents at the Registry of Deeds that notify future owners of alternative-technology requirements and maintenance obligations.
Aguiar noted the site had received Conservation Commission permitting because portions of the work were near wetlands. He said the proposed design had been prepared for a four-bedroom dwelling at 440 gallons per day but that the assessors’ record showed the property as a three-bedroom, and the board cannot allow a four-bedroom design given the number of waivers requested. A prior similar filing (81 Greenleaf) was cited as a recent precedent for recording maintenance documents. The board moved, seconded and approved the waivers in a roll-call vote with Thomas Corey, Michael Coughlin and Steven Gagliardi voting yes.

