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Selectmen review proposed septic inspection rules and hear consent-decree timeline for shoreland stairs case
Summary
Health Officer Tim Bray presented proposed septic regulations requiring three-year pumping and inspections for shoreland systems and potential increased frequency for short-term rentals; the board also reviewed a court consent decree that imposes deadlines on a property owner to seek variances or remove noncompliant stairs.
The Board of Selectmen reviewed proposed additions to the town’s septic regulations and received an update on a zoning enforcement matter affecting a short-term rental.
Health Officer Tim Bray presented draft language (Section 8) that would require all developed properties with septic systems in the Shoreline Overlay District or McDaniel’s Marsh buffer zone to pump and receive a general septic inspection at least once every three years, with receipts and inspection reports submitted to the Springfield Health Officer. Systems that have not been pumped within the three years prior to adoption would be required to be pumped and inspected within one year of the regulation’s effective date. Bray said the Health Office would collaborate with owners and a licensed septic installer to ensure needed repairs or replacements, but that the town would not assume liability for repairs.
"In situations where a three-year pumping schedule is deemed insufficient due to a significant increase in usage of the ISDS, as seen with residences used as a Short-Term Rental, more frequent pumping and inspection may be required," Bray said. Selectman Keith Cutting asked whether the Health Officer’s collaborative role would expose the town to liability; Bray replied that the office’s role is informational and supportive, not one of taking responsibility for repairs.
Bray said he would send the most recent draft of the septic regulations to Attorney Johnston for legal review; the board plans to vote on Section 8 at a future meeting after staff notify affected property owners.
On zoning enforcement, the board reviewed a consent decree in Newport District Court involving the Rowley property at 2380 Main Street. The consent decree followed a Notice of Violation for constructing stairs within the 100-foot Shoreland Conservation Overlay District buffer without a permit. Under the decree, the Rowleys may continue STR use through Dec. 15, 2024, must apply to the Zoning Board of Adjustment for a special exception (materials due to the town by Nov. 18, 2024) and apply to the Planning Board for site-plan approval by Dec. 27, 2024. If the variance is not granted within 60 days of the decree’s entry, the Rowleys must remove the stairs within 14 days; if a building permit is not granted after a successful variance, the stairs must be removed within 14 days of the permit denial.
The board asked staff to monitor the timeline and ensure follow-up filings are made by the deadlines set in the decree.
