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Neighbors press Foxboro ZBA on septic and flooding as board approves 71 South Street conversion

Foxboro Zoning Board of Appeals · June 25, 2026
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Summary

After extended public comment about groundwater, past basement flooding and septic feasibility, the Foxboro Zoning Board granted a special permit for 71 South Street but emphasized that any building permit or occupancy must await a Board of Health‑approved septic design.

The Foxboro Zoning Board of Appeals approved a special permit June 25 allowing a substantial addition and conversion of 71 South Street into a two‑family dwelling, after lengthy public testimony raising concerns about septic capacity, groundwater and recurrent flooding in the neighborhood.

Applicant Christopher Retos described plans for an addition and either a new septic system or a potential sewer tie‑in. He said the existing house is roughly 1,700 square feet and the proposed addition is ‘‘just under 1,700’’ square feet. Several nearby residents — including Michelle Wright (69 South Street), Ralph Bennett and two neighbors from Five Union Street — told the board they have experienced flooding, basement water intrusion and persistent drainage problems in the same drainage basin behind the properties.

Wright summarized a written four‑page submission to town staff and told the board she had been unable to find evidence that a septic could be sited without risk to local groundwater and recreation areas: ‘‘I just can’t understand why you would even consider that…that’s 100 percent increase,’’ she said, referring to the added square footage.

The board acknowledged the abutters’ concerns and repeatedly explained that septic‑system design and approval are handled by the town’s health department. The chair read a June 22 summary from Health Director Matt Brennan indicating a new septic will have to be engineered and approved before use, and that a multicompartment tank or tanks in series would likely be required. The board and the building official said no certificate of occupancy can be issued without the Board of Health’s approval of any septic design.

After discussion of the special‑permit criteria — including traffic and parking, utilities, neighborhood character, environmental impact, and fiscal effect — the board concluded the application did not present a ‘‘substantial detriment’’ if subject to conditions. The board approved the permit with conditions: site location per the certified plot plan, a cap on the proposed addition (not to exceed about 1,700 square feet of habitable area) and exterior materials matching the existing dwelling; members also asked the applicant to consider any suggestions from the Design Review Board if that body later weighs in.

Neighbors were advised to pursue any legal or insurance remedies if they believe future construction causes property damage; the board recommended discussing disputes with the applicant first and consulting an attorney for remedies if necessary. The board will draft and file a written decision; building permits and occupancy remain contingent on Board of Health approval of septic design.