Charlton planning board continues Beach Middle Road hearing after septic, easement and engineering questions

The Town of Charlton Planning Board on Feb. 4 continued a public hearing on CR Hansen Construction’s proposed Beach Middle Road parcel, setting a continuation date of March 18, 2026, while the applicant prepares additional title and engineering documentation. The board cited open questions about easement rights, whether underground septic infrastructure would be affected and whether the proposed private way can be engineered to support emergency vehicles.

Counsel Christopher Alpin told the board the submission is being treated as a plan that predates subdivision control rules and that the applicant “has certain protections” tied to an historic plan, but still must provide a plan that the board and peer reviewers can evaluate for access and utility service. An abutter submitted a written letter and spoke at the hearing, saying the “proposed road could do severe damage to my septic system, which has been serving the house for over 30 years.”

Why it matters: The board must balance property‑owner easement rights shown on historic plans with public‑safety and infrastructure standards required for subdivision approval. If the road cannot be designed to sustain emergency access without harming underlying private systems, the board may require mitigations, waivers or conditions before approval.

Key details: Counsel and staff told the board the applicant should file a plan treated like a definitive subdivision application that identifies every waiver requested and that the applicant should submit a full title run (a complete title report), engineered roadway drawings showing load/grade/stormwater management, and place funds in escrow so Graves Engineering (the peer reviewer cited in the packet) can evaluate adequacy. The applicant’s representative agreed to submit those materials together.

At the hearing the abutter identified deed references she says undercut the applicant’s claim to shared use of the private way and asked the board to deny the plan; the applicant and his wife said they have attempted due diligence with the board of health and will provide engineering plans and, where permitted, additional evidence (for example, camera inspection of a septic system with the abutter’s consent) to resolve location and impact questions.

The board recorded a motion to continue the public hearing to March 18, 2026, and voted in favor. Next steps set by the board: the applicant is to submit (1) a full title run, (2) an engineered road‑improvement plan addressing emergency‑vehicle loading and drainage, (3) a waiver list with explicit justification for each requested waiver, and (4) escrowed funds for peer review. The board noted any private‑title disputes or claims of easement abandonment would be matters for title counsel or the courts, and not a substitute for the technical and plan review the board requires.

The hearing record includes peer‑review comments from Graves Engineering and written material from the abutter; the board said it will not ask the town to perform a title search but will accept applicant‑provided title documentation for verification before making a decision.

The public hearing will reconvene on March 18, 2026, unless parties file new materials that change that schedule.