Route 6 property not required to tie into town water

Jan 9, 2018

The project at 111 Wareham Street was approved at the Marion Planning Board meeting on Monday night.

Tad Wollenhaupt and Alexander Urquhart currently have an agreement to purchase the property at 111 Wareham St. The property was previously a storage lot for Eden Landscaping and consists of two lots.

Urquhart and Wollenhaupt each plan to own one lot, and to build a 6,000 square-foot Morton-style building on their respective lots. The two buildings will each have several bays intended for businesses such as plumbers and contractors.

At the Dec. 18 Planning Board meeting, board members and engineer Davis Davignon disagreed on whether the project on Route 6 was required to connect to town water because it ran past the property, or if they could use the on-site well.

After doing some research, board member Norm Hills said at the Jan. 8 meeting that he found that while town officials all seemed to agree that was how it was done, it was not a formal requirement.

“It’s common knowledge, but it’s not written down any place,” he said. “In my opinion, they are required to hook up to municipal water, but the bottom line is there is not written documentation that requires it.”

Board member Andrew Daniel said that he had been in favor of having the project hook up to town water, but that he didn’t feel like the board could enforce a rule that doesn’t formally exist.

“We’re in agreement, but if it’s not written, it doesn’t exist,” he said. “Common practice isn’t a rule.”

The board also agreed that a rule change needed to be made to prevent the same situation from happening.

“For safety and for surrounding neighbors, we’ll draw up bylaws to close that loophole,” Chair Eileen Marum.

The board ultimately granted the site plan review permit with the condition that the well be tested annually and approved by the Board of Health. And despite the approval from the Planning Board, the site may still have to connect to town water pending review from other town agencies, such as the Fire Department and the Board of Health