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Yarmouth Board of Health directs staff to file housing-court complaint over uninspected Wilson Cranberry Bog system
Summary
The board voted unanimously to instruct the health director to file a complaint in Plymouth Housing Court after staff found an unreported pit/cesspool and the property owners failed to provide a Title 5 septic inspection as previously requested.
The Town of Yarmouth Board of Health voted Dec. 16 to ask the health director to file a complaint in Plymouth Housing Court regarding the Wilson Cranberry Bog property after the owners failed to deliver a required Title 5 septic inspection.
At the board’s prior meeting members required a licensed Title 5 inspection within 10 days; the board had not received the required report or any contact from the property owners. Barry (inspections staff) reported that a site visit revealed a tiled indoor shower and a washing machine with drainage discharging to a pit underfoot that he described as a cesspool or leach pit. He said the pit appears to be within about 50 feet of water that supplies the Cranberry Bog and Lewis Bay, which raises environmental concerns.
Staff found no plumbing permits for the installation and said that without a Title 5 inspection and engineering (perk) testing, the town cannot confirm whether the system is permitted, functioning, or properly abandoned. The board discussed options including requiring the owners to abandon and demolish the pit and piping or to undertake engineering testing and install a compliant system.
Mary moved that the health director file the complaint with Plymouth Housing Court to compel inspection, testing and any remediation; the motion was seconded and passed unanimously. Staff said the housing-court process could require perk testing, engineering oversight, and formal compliance steps or orders by a clerk magistrate.
Jay and staff said they will keep the board informed about court filings, hearings and outcomes. The board emphasized that voluntary removal or proper abandonment requires documentation (decommissioning, destroyed piping, permits) and that mere claims of disconnection are insufficient without inspection.
The board took formal action because property owners did not attend the meeting and had not submitted the required Title 5 report; staff will prepare the complaint and proceed with court filing as directed.
