Applicant Withdraws 93 Bank Street Septic-Setback Variance After Board Raises Precedent Concerns

An engineering representative asked the Harwich Board of Health on Aug. 18 to grant two small variances under Title 5 (310 CMR 5.211) for work at 93 Bank Street, describing a proposed sunroom and an existing septic layout that would place the leaching pit about 17 feet from the required 20-foot setback and a tank roughly 4.3 feet from the nearest wall.

Board members and staff pressed the presenter about whether the encroachment represented a self-created hardship and discussed alternatives including a knee-wall slab, moving or sliding the tank, installing a 40-mil liner around the gallery, or reconfiguring foundation footings. The health staff reminded the board that the town typically does not grant variances for new construction that encroach on septic systems.

After a detailed back-and-forth about long-term sewer plans and engineering mitigations, the presenter asked to withdraw the variance application “without prejudice” and to return with revised plans that eliminate the need for the variances; the board accepted the withdrawal. The applicant offered to add protective measures (liners or coating) if needed and will resubmit revised plans for a future meeting.

Engineer (presenter): “If we could withdraw without prejudice then and then I'll get you a revised plan that meets code without a variance and we'll be off to the races.”

The board did not vote on a variance at the meeting; no formal approvals were recorded for 93 Bank Street.