Lakeville Board of Health reapproves well permit for 16 Fourth Ave with one-year tie-in requirement

The Lakeville Board of Health on Sept. 3 reapproved an expired permit and associated variances to allow installation of a private well at 16 Fourth Avenue, with conditions that the well be tied into the association water when that service reaches Fourth Avenue and that the well be decommissioned by a certified well driller at that time.

The request was presented by Brad Fitzgerald of SFG Engineering, who said the Cruz family — Richard and Michelle Cruz — want to proceed with the same variances and conditions that had been approved in 2022 after the earlier approval lapsed. Fitzgerald told the board the firm revised the plan, completed a survey and re-notified affected abutters. Board members noted that a prior record indicated a well at the property in the 1990s, which influenced their earlier approval.

Board members discussed related conditions that will remain in place. The board noted an approved tight tank at 17 Fourth Avenue that has not yet been installed; the tank's eventual location could alter distances between systems, and speakers clarified that setback requirements from a tight tank are different than for other wastewater systems. A board member summarized the decision before the vote: "We approve the well placement plan for 16 Fourth Ave with all the, basically, all the variances that have expired and all the contingencies we put on it before. We're just basically reapproving what we approved before because it expired. And I'll just point out the contingency that, once water is on the street, it's gonna run down the street every year to to tie into that service and decommission the well." The board also noted a deed restriction must be recorded prior to sale stating the tie-in requirement.

A motion to reapprove the prior variances and conditions carried by voice vote; members answered "Aye" and the motion passed. The board told the Cruz family they have one year to complete the well installation and must comply with the previously stated contingencies, including recording the deed restriction and hiring a certified well driller to decommission the private well when the public water is available.

Why it matters: the conditions — a recorded deed restriction, the one-year tie-in requirement and the decommissioning requirement — are intended to prevent long-term use of a private well after public water becomes available and to reduce future compliance and contamination risks.

The Cruz family and their engineer said they will proceed under the reapproved plan and work within the one-year timetable.