Board of Health delays decision on 9 Cross St septic after developer builds four-bedroom plan

The Lakeville Board of Health on Sept. 3 continued discussion on septic approval for 9 Cross Street after board members raised concerns that the house was constructed and permitted as a four‑bedroom dwelling while the septic system had been designed and approved for three bedrooms.

Will Connolly of Zenith Consulting Engineers told the board the site plan had been approved for a three-bedroom septic system but building permit documents submitted to the building department showed a four-bedroom house. Connolly said the house as built includes a home office in addition to three bedrooms, and the applicant offered to record a deed restriction limiting the house to three bedrooms for septic-design purposes.

Board members reviewed portions of Title 5 referenced by Connolly and discussed options. One commonly proposed solution is to remove the enclosure that makes the room a private bedroom — for example, widening an opening or eliminating a closet so the room functions as an office without the privacy elements that typically define a bedroom. Board members noted trade-offs: an open plan preserves the three‑bedroom septic design but reduces interior privacy; a deed restriction can limit future owners but may be overlooked by purchasers who do not do thorough due diligence.

Member comments emphasized precedents and long-term risk: allowing a developer to market a house as four bedrooms while the septic is sized for three could lead to septic overload and repair costs for future owners. Several board members said they did not want to set a precedent without a clear state interpretation. The board agreed to seek clarification from the Massachusetts Department of Environmental Protection on whether the Title 5 language Connolly cited permits a smaller-design flow through a recorded deed restriction in this case.

The board left on the table the option for the applicant to modify the interior (for example, an 8‑foot or 6‑foot opening) so the room would not meet the community's practical definition of a bedroom. The board did not grant a waiver or approve the deed restriction at the meeting. Members directed staff to contact DEP and continued the item to the next meeting.

Why it matters: the board cited concern that approving a smaller septic design despite a four-bedroom building plan could create long-term public-health and financial liabilities for future homeowners and the town if systems fail.

The applicant said they will discuss options with their client and return with either a revised interior design, a deed restriction, or additional documentation after the board receives DEP guidance.