Board of Health denies variance request for new tight tank at 4 Ash Street; applicant told options include tie-in or revised plan

The Town of Lakeville Board of Health voted to deny a variance request to install a new tight tank at 4 Ash Street after extended discussion about Zone A restrictions, flow increases and precedent.

The applicant, represented by Foresight Engineering, asked to install a new tight tank to serve a finished space above a large garage that the owner said would be used as office or recreation space and would include a bathroom. Board members raised multiple concerns: state and local regulations (Title 5 and surface-water supply protections) generally prohibit new tanks in Zone A except for repairs; allowing the tight tank could create a precedent for other properties around the pond; and the board must find a demonstrated hardship to grant a variance.

Board members explored alternatives with the applicant and staff. Staff explained that tying the new fixture into the existing permitted system or demonstrating a hardship are possible paths forward; the board noted it has allowed half baths or bathrooms over garages in other contexts, but those examples were outside Zone A or under different lot histories. The board discussed deed restrictions, bedroom definitions (finished rooms with heat and egress can qualify as bedrooms, which increases design flow), and the town's obligation to enforce state regulations.

After discussion, a board member moved to deny the tight-tank variance for 4 Ash Street; another member seconded. The board voted in favor of denial. Staff noted the applicant may withdraw the proposal, revise and return with a plan that shows a tie-in to the existing system, or pursue an appeal. The denial will be issued in writing and the applicant was informed of the right to appeal within 30 days.