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Hopkinton homeowner asks board to transfer up to three-quarters acre of Bow land to regularize septic access

2158541 · January 24, 2025
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Summary

A Hopkinton homeowner told the select board Jan. 28 that a portion of his home's septic leach field sits on adjacent Bow-owned land and asked the board to consider a lot-line adjustment or an easement of up to 3/4 acre; board members asked the applicants to return with a formal survey and legal materials.

A Hopkinton homeowner asked the Bow select board on Jan. 28 to transfer or place an easement on up to three-quarters of an acre of Bow-owned land so the homeowner can own and maintain the septic leach field that serves his house.

The homeowner, Taylor Belanger, said he bought an abandoned house in Hopkinton in 2019, renovated it and later discovered that the house’s septic tank sits on his Hopkinton parcel while the leach field lies on an adjacent Bow parcel. "I bought the house from her and completely gut it, redid it, and that's where we stand with that," Belanger said during the public discussion.

Board members and residents described the Bow parcel as largely wetlands and urged protections. "It is ridiculously wet," said Sandy Crystal, who had earlier addressed the board during public comment. Several board members said they would require development restrictions if any land transfer or sale were approved.

Board members reviewed options with the applicants, including a lot-line adjustment so the upland around the house and the leach field would become part of the Hopkinton parcel, or a permanent easement or other legal restriction that would preserve most of the wetlands while giving the homeowner access and legal title or use over the small area needed to service the septic system. The applicants asked only for enough dry land to encompass the septic tank and leach field and some immediate backyard area; at the meeting they estimated the upland involved would be less than three-quarters of an acre. The larger Bow parcel that contains the wetlands was described in the discussion as about 8.5 acres.

No formal sale or transfer was approved at the meeting. Instead, board members asked the applicants to return with a professional survey, the state-approved septic plans, and any supporting legal documents so the board’s counsel and staff can review options (lot-line adjustment, easement, or limited sale) and the parties can work out precise boundaries and deed language. Board members also said any transfer should include development restrictions or an appropriate conservation limitation because most of the tract is wetlands and would not be suitable for new development.

The board indicated it was open in principle to either a lot-line adjustment or an easement that would place the leach field and immediate upland under the homeowner’s control, but members also emphasized the town must protect the larger wetland area and avoid creating a precedent of selling significant wetland acres.

Next steps: the applicants will return with a survey and legal materials. The board indicated it will consider a formal motion once it has the documentation and counsel’s review.

Ending: The board closed the item and asked staff to place the discussion on a future agenda after the applicants supply the requested materials.