Charlton planning board delays decision on Beach Middle Road road-improvement plan amid septic and access concerns

The Charlton Planning Board on May 20 continued the public hearing for CR Hansen Construction LLC’s Beach Middle Road subdivision plan after extended discussion about an undocumented septic system and whether the private way provides safe, adequate access for emergency and DPW vehicles.

Attorney Jody Ket, representing CR Hansen, told the board the application is a “definitive subdivision plan which is really more of a road improvement plan,” and that a town peer review memo gave the submission a “clean bill of health” while flagging drainage and grading items. Ket said the applicant would accept a conditional approval requiring verification of the septic system location and any needed relocation before construction.

Special town counsel Attorney Christopher Alpin Blackman explained that the board’s role under state law is a limited one: to determine safe, adequate access. He said he has reviewed the title materials and, while an abutter has filed suit contesting title rights, the documents submitted indicate the developer has rights to use the paper way. “From the documents that I have had reviewed … it is still my opinion that the applicant has proven to have title rights in the way,” Blackman said, while noting a Superior Court decision could change that outcome.

Town engineer Mr. Andre told the board his review predates the fire department’s letter but that the plan’s 12-inch gravel base generally meets the town subdivision standard to support emergency vehicles. Still, he and others said the unknown presence and location of a septic tank or leach field under the paper road is a material safety issue that needs investigation or a concrete condition.

Fire Department officials emphasized the risk: the chief said their ladder truck measures roughly 48 feet and engines are around 44 tons, and warned that driving over an unknown septic tank could damage town equipment or create liability. “If we drive our truck down this road and lo and behold we crash through this tank … who’s liable for that damage?” the chief asked, urging the board to require identification of the tank.

Abutter Karen Pierro, who testified during public comment, said the proposed road edge comes within about two feet of her front door and that the leach field runs under the paper street. She asked whether an alternate entrance had been considered and said the roadway work could affect her foundation.

Board members reviewed a January 28 checklist prepared by a building commissioner and noted outstanding items—an engineered stamped drawing that proves the roadway will support DPW and emergency apparatus, and a septic plan locating any tanks or fields. Several members said many waivers are being requested because the plan proposes improvements to an existing paper way, but that the board must balance precedent with future town liabilities.

After debate, the board asked town counsel to draft a written list of possible conditions (ownership/maintenance of the way, septic investigation and remediation, engineered stamped plans for vehicle loads, and turning-radius documentation) and agreed to continue the hearing so those conditions can be circulated and reviewed. The continued public hearing was scheduled for June 17, 2026.

Next steps: Town counsel will draft proposed conditions and circulate them to the board. The board also asked staff to solicit any additional information from Graves/Grace Engineering and the fire and highway departments before the continued hearing.

Authorities and procedural notes: The board conducted the hearing under MGL c.41 §81T and discussed the plan’s status under the subdivision-control protections of MGL c.41 Section 81F (protected nonconforming/paper way) raised by staff.