Westport Board of Health approves two septic plans with deed restrictions and variances; one hearing continued

The Westport Board of Health approved two septic system plans and granted variances at its May 11 meeting while continuing a third hearing for further documentation.

For 1148 American Legion Highway, agent Glen Potter presented test results and an updated plan. A baseline private well sample reported nitrates 3.7 mg/L, nitrite <0.6 mg/L and ammonia <0.5 mg/L. The board approved the repair plan with a 13‑bedroom deed restriction and the usual concom compliance conditions; the motion passed 2‑0 with one absence.

At a separate hearing for 147 East Cadsman's Neck Road, Northeast Engineers (Garrett Malampy and Sean Lee) sought three variances to place a 30,000‑gallon holding (tight) tank where the lot constraints prevent standard setbacks: a reduction of the septic‑to‑well setback from 50 feet to 24.4 feet and property‑line setbacks down to about 3.5 feet. Sean Lee noted the existing shallow well already showed elevated nitrate levels above the Commonwealth’s maximum contaminant limit for drinking water in the sample on file. "Depending on the inhabitants of the home — vulnerable elders, infants — they should consider bottled water for drinking," one board member advising on health implications said, and the engineers acknowledged the system carries restrictions and an alarm and includes an on‑site pumping plan.

The board approved the 147 East plan with conditions including a two‑bedroom deed restriction, a hold‑harmless agreement, and requirements for the owner’s pumping and compliance plan; members recommended re‑testing the private well about six months after installation to check for improvement. The motion passed 2‑0 with one absence.

Outback Engineering requested local upgrades for 128 Old Bedford Road (reductions in groundwater separation and a soil‑analysis in lieu of a percolation test). Board member Donna Amaral raised a discrepancy between the filing (a five‑bedroom design) and assessor records (three bedrooms) and said the board could not approve without clarification. The board continued the 128 Old Bedford matter to June 8 at 4:50 p.m. to allow a bedroom count and further review.

Votes at a glance

- 1148 American Legion Highway — approved; conditions: 13‑bedroom deed restriction, concom compliance; vote 2‑0 (one absence). - 147 East Cadsman's Neck Road — approved with variances and conditions (two‑bedroom deed restriction, hold‑harmless, pumping/compliance); recommended well retest at ~6 months; vote 2‑0 (one absence). - 128 Old Bedford Road — hearing continued to June 8, 2026 at 4:50 p.m. to resolve bedroom count and groundwater/percolation questions.

Officials said when variances or reduced setbacks are granted the board typically documents deed restrictions to limit occupancy and includes conditions meant to reduce long‑term public‑health risk. The board recorded approvals and conditions in the public minutes and will include required filings with the land records where applicable.