Board approves septic variances to move Main Street systems off roadside mounds; engineer and residents discuss easements

The Townsend Board of Health on June 22 approved septic permits and variances for three Main Street properties — 71, 75 and 80 Main Street — after presentations from project engineer Chris McKenzie and a staff recommendation that the relocations reduce public-safety and parking impacts.

Engineer Chris McKenzie told the board the goal is to remove the large, visible mounds in the road and replace each system with new, relocated leach areas. For 71 and 75 Main Street the applicants requested local upgrade approvals to reduce the required seasonal high groundwater separation from five feet to four feet and state Title 5 variances to allow system components to be located off the lot served. McKenzie said easements have been negotiated (Shepherd Farms was described as the off-site landowner) so the systems can be legally placed on the neighboring parcel.

Resident Mary Jane Churchville, speaking for the historical society, asked whether the state and local processes permit placing a septic system on another property; staff member Rick explained that the variance and notification processes under state Title 5 and local regulations allow off-site systems where a demonstrated hardship exists and abutter notice is required. Another resident asked how local boards retain discretion when Title 5 is involved; Rick pointed to 310 CMR 15.410 as the state process authorizing variances and described prior approvals in 2021 for similar arrangements.

For 80 Main Street, the church property, the engineer said the proposal includes three approvals: local upgrade (5 ft to 4 ft), a local variance to place leach components on another parcel, and a local exception for septic components sited within the mapped floodplain because the property largely lies in the floodplain. McKenzie and staff said the applicant had also obtained MassDOT permission to cross Main Street for piping where required.

The board moved and approved each variance by voice vote. The transcript records unanimous “I” votes for each motion; detailed roll-call tallies were not recorded in the transcript. Board staff noted the off-site systems will be placed under legal easement language prepared by an attorney and recorded in the land records, and that easement enforcement would be a civil matter enforceable in court if a future owner obstructed maintenance access.

Separately, the board approved a conventional new-construction septic permit for Lot 3, Greenville Road: the proposal described a 2,500-gallon two-compartment tank with gravity-fed trenches, no variances required and compliance with the 500-foot landfill setback.

Next steps for the Main Street projects include recording easement documents, finalizing engineered plans and issuance of permits conditioned on executed easements and any state approvals required under Title 5.