Board of Health approves septic variance for 40 Sherburne Ave

The Tyngsborough Board of Health on June 8 approved a local variance to allow laboratory soil classification and a reduced groundwater separation for a proposed septic repair at 40 Sherburne Ave, a step the applicant said is needed to complete a pending property sale.

Jeff Hannaford, a designer with Norse Design speaking for the applicant James Kenny, told the board that a Title 5 inspection at the time of sale failed and subsequent field work found the groundwater table higher than expected. "As a matter of fact, it varied from 3.5 to 4 ft below the surface," Hannaford said while outlining soil borings and laboratory classification that returned a loamy‑sand, Class I designation. He said the presence of actual water prevented a standard percolation test and that state guidance allows a lab classification to be used in those circumstances.

Hannaford said the existing system includes a 1,000‑gallon septic tank and two rectangular leaching pits; the proposed plan places the replacement tank in the same location and uses a Presby‑type remedial leaching system. Using the laboratory classification and the slowest percolation rate within Class I, Hannaford said the design team selected an 8‑minute‑per‑inch loading rate rather than the 2‑minute rate shown on the original 1978 permit. The requested local votes would authorize the design method and a reduction of the standard 4‑foot groundwater separation so the system can be sited without an added pump chamber and with less site fill and tree removal.

Board members asked questions about well setbacks and abutter impacts; Hannaford said the property is served by a well that exceeds the 100‑foot separation requirement and that neighboring wells are farther away. Matt Stangel of Land Tech, who participated in the field review, endorsed using the laboratory results instead of the original permit's data because of observed loamy sand strata.

Chair Michael Roche moved to approve the variance requests and detailed permitting conditions tied to the plan dated May 26, 2026 (revised June 1, 2026), citing 310 CMR 15.400 and related Title 5 provisions. The conditions included required notices, technology‑specific approvals, acknowledgement of owner responsibilities, no increase in design flow, and required load rating for the septic tank and distribution box.

The motion passed with the members present voting in favor; the board recorded two affirmative votes, no negative votes and one abstention from a member who had not previously reviewed the matter. The board noted that a consultant would monitor installation and that the applicant intended to begin construction soon.

The board attached standard conditions required by the Department of Environmental Protection and required the owner to acknowledge responsibilities and technology approvals before issuing permits. The approval clears a regulatory step the applicant said is necessary for the sale to proceed.

The board did not schedule additional review once construction permits are issued; any substantial deviations or items requiring abutter notification would return to the board.