Charlton Board of Health OKs 75-foot setback variance for proposed Beach Middle Road house

CHARLTON, Mass. — The Charlton Board of Health voted Aug. 19 to approve a 75-foot setback variance so a soil absorption (septic) system may be installed 75 feet from an existing well on a proposed single-family lot on Beach Middle Road.

The board considered an engineerletter describing variances requested under 310 CMR 15.211 and 310 CMR 15.214, and reviewed a plan for a proposed two-bedroom house on a preexisting lot and a separate 2.5-acre parcel planned for a three-bedroom house. The applicant asked the board to grant the distance variance because a shared or alternative road access in the parcel split could not be legally established, preventing a larger separate lot that would meet standard setbacks.

Board members discussed scope and jurisdiction. Health Director Jim Philbrook told the board the only Board of Health matter before them was the requested 75-foot offset; nitrogen-loading calculations and the two-bedroom deed restriction were matters handled elsewhere or already reviewed by other staff. An abutting resident said she wanted assurance the new leach field would not encroach on her property or interfere with her existing well. The applicant and supporting staff pointed to the plan and a silt-fence limit of clearing to protect surrounding areas.

A motion was made to accept the plan as submitted and approve the 75-foot setback variance for the soil absorption system from the existing well for the parcel identified on the agenda as 0 Beach Middle Road. A second was recorded, and the board approved the motion by voice vote (all in favor, "Aye"). The board noted that other approvals and conditions (including nitrogen loading and recording of a two-bedroom deed restriction for the smaller lot) are handled outside the Board of Health's setback decision.

Board members also observed that the neighborhood contains smaller campground-style lots and that the proposed 2.5-acre parcel would remain a single three-bedroom lot, leaving adequate nitrogen capacity for the proposed houses as described by the applicant. The record shows the board reviewed and accepted the engineerletter and the plan; Tom (board member) had previously reviewed nitrogen-capacity issues, the board said, and found no outstanding objections to the 75-foot variance.

The board did not place additional conditions beyond the setback variance at the meeting. Nearby residents were advised they may be notified through the normal permitting channels if further hearings or postings are required by other town departments.

The board moved on after approving the variance and signaled that unrelated matters (such as deed restrictions and zoning-driven driveway access) remain under the authority of planning or other town offices.