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Acushnet Board of Health conditionally approves ADU at 47 Persing Ave, requires new septic tank
Summary
The Acushnet Board of Health voted to allow construction of a one‑bedroom ADU at 47 Persing Avenue provided the owner installs a 1,500‑gallon two‑compartment septic tank with an effluent filter; the board said the system will not be accepted as a passing Title 5 for future property sales.
Chair Dave Dickin led the Acushnet Board of Health in approving construction of a one‑bedroom accessory dwelling unit at 47 Persing Avenue on the condition that the owner upgrade the property’s septic tank and related components.
The owner told the board she bought the four‑bedroom house in 2020 and has occupied it with family members; she said the ADU is intended to provide an affordable place to live under recent Massachusetts rules. "We were hoping to utilize these new rules in Massachusetts to give her affordable place to live," the homeowner said.
Board members said records and older plans show the property relies in part on leaching pits installed in the 1960s, and they expressed concern that pits — which were common before modern Title 5 systems — can clog with solids and detergents and no longer provide reliable treatment. One board member summarized the technical risk, saying much of the original leaching capacity would not count under current rules and that some pits are effectively obsolete.
The board noted that an inspector or engineer the owner consulted, identified as Darren Mccasis, told the owner the current system "passes" for the house’s existing four‑bedroom use. Board members said they nevertheless had doubts about long‑term performance if intensity of use increased.
To resolve the conflict between present operability and longer‑term public‑health risk, Chair Dave Dickin moved that the board approve the ADU conditional on installation of a 1,500‑gallon two‑compartment septic tank with an effluent filter and code‑compliant covers on inlet and outlet. "We will allow continued use of the septic so long as it functions for their personal use and ownership of the property and we do not consider the system as a viable passing Title 5 system for the sale of the property in the future," Dickin said when making the motion. The motion was seconded and carried unanimously.
After the vote, the board instructed the owner to obtain an excavation permit and have a contractor install the new tank. They required the Title 5 inspector to provide an as‑built sketch of the new tank for the board’s file and said the building department may issue a building permit once the board indicates approval in the portal. The board also said it will not issue an occupancy permit until the installation is certified with a certificate of compliance.
Board members and staff emphasized the decision balances current housing needs with longer‑term public‑health safeguards: the owner may continue to reside in and construct the ADU, but any future sale will require the full Title 5 compliance expected at the time of sale. The board said it will attach a memo documenting the motion, vote and conditions to the file.
