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Lakeville homeowners ask Board of Health to waive local septic rule for 13 Pine Bluff
Summary
Homeowners Joe and Cynthia Armstrong asked the Lakeville Board of Health on April 1 for guidance and a waiver under local regulation 2.1 so a prospective buyer could add a bathroom in a finished garage at 13 Pine Bluff. Staff said the change could restore a third bedroom but triggers a reassessment of septic capacity; staff will check ADU and permitting rules and no formal board vote was recorded.
At a April 1 meeting, homeowners Joe and Cynthia Armstrong asked the Lakeville Board of Health for guidance and a possible waiver under local regulation 2.1 so a prospective buyer could add a bathroom in a finished garage at 13 Pine Bluff.
"We are asking for some guidance on 13 Pine Bluff," Joe Armstrong told the board, saying the house had originally been three bedrooms and that the buyer had written that she might host relatives who would sleep in the finished garage. The Armstrongs said the garage already has heating and cooling and finished walls.
Board staff and members focused on whether adding a bathroom to the garage would effectively restore the property to a three-bedroom dwelling and therefore require the septic system to meet the town's 330 gallons-per-day local standard for three bedrooms. "Regulation 2.1" was cited by staff as the local rule that requires reassessing septic suitability and upgrading to current state and local minimums for any addition or modification.
Ed, a board staff member, said the system's original design from 1981 lists a three-bedroom Title 5 plan but that local calculations and older pit sizing show lower loading. "It says 330, but if you do the calcs on a pit, it's only like 230," Ed said, noting the difference stems from older design methods and the current local flow requirement.
Board members and staff discussed two paths: grant a waiver under regulation 2.1 for this modification, or require an upgrade of the septic system to meet the current flow standard, which would obviate the need for a waiver. A staff member, Derek, reported a field measurement relevant to setbacks and site conditions: "I measured and it's more like 20 ft," exceeding the 10-foot figure discussed earlier.
The board also raised whether the garage would be classified as an accessory dwelling unit (ADU). Staff said a separate livable unit normally requires a kitchen and that ADU permitting is handled through the building department, not the Board of Health. "I'm 99% sure" a kitchen is needed, one board member said, and staff said they would check with Nick about ADU rules and any overlapping permitting requirements.
No formal motion or vote on the waiver appears in the transcript. Board members noted they have allowed bathrooms in Zone A in prior cases but emphasized that moving a bedroom or changing use triggers the reassessment requirement in regulation 2.1. Staff told the Armstrongs the practical options are to seek a waiver or upgrade the system; staff will follow up with building‑department staff on ADU questions and advise the prospective buyer accordingly.
The matter was left for staff follow-up; the transcript records no final decision or recorded vote.
