The Board of Health on Monday continued a hearing on a drinking well variance request after members expressed concerns over the long-term viability of the plan presented.

Developer Lou Petrozzi of Wall Street Development Corporation met with the board to discuss a well variance for a property at 12 North Mill Street. Petrozzi previously met with the Conservation Commission about the project with plans to increase the nearby wetland replication area. 

At that meeting on Jan. 6, commissioners would not approve the plan. However, they were amenable to filling in part of the wetland in order to build a drinking water well for a proposed home.

Petrozzi laid out these facts for the Board of Health. “We’re trying to minimize the impacts to the wetlands,” he said, noting that it cuts across the middle of the property.

The proposed plan would utilize 470 square feet of fill in the wetland area to allow for well installation. The well also would be in the rear of the property to provide the necessary separation from the septic system. Furthermore, a path would be constructed for a drilling rig to access the proposed well location. 

Petrozzi argued that a plan that uses the entire property and complies with the “various setback regulations” for septic and wells requires a variance. 

“We’re hoping that we’ve demonstrated that we’ve exhausted all our alternatives — that this is a hardship,” Petrozzi concluded.

Members initially had questions about procedure. Chair Nasiba Mannan wondered whether the board needed to wait for the Conservation Commission’s approval before it could consider the variance.

“I was suggesting you could conditionally approve it, subject to the Conservation Commission’s deliberation,” said Petrozzi.

The discussion then turned to the feasibility of the well placement. Health Director Shaun McAuliffe expressed concern over well maintenance after the proposed house has been built. “Once you build a house, you still need to be able to get a 35-ton drill rig around [it],” he said. “Once the site is developed, the well will no longer be accessible for repair, maintenance, testing and inspection.”

Added McAuliffe: “You can’t go over the septic system anymore, so you’ve got to go around the house.”

Vice chair Mary Jo Ondrechen echoed McAuliffe’s points. “I just don’t see how you could do this without having heavy equipment going through the wetlands, disrupting the wetlands anytime the well needs service,” she said.

Petrozzi responded that access to the rear of the property can be provided through changing the grading. “We understand logistics for future maintenance,” he added.

McAuliffe also shared an email from health agent Bryan Besso about the variance request. In the email, Besso stated that the Health Department and the Board of Health have not granted variances for offsets to wells or septics for any developments of new lots since 2001. Besso, who reviewed the plan, stated he could not support the variance “due to existing regulations as well as [Conservation Commission] concerns.”

Petrozzi said he was open to working with the board but was frank about his response should the variance request be denied. “You deny it, then I would file an appeal, we go litigate … whether or not you have the authority to create this ruling, which I don’t think you have any basis for,” he said.

He concluded saying that the board would be “saving … a lot of trouble” by approving the variance.

The board agreed that it needed more time to review the request and discuss the applicable town bylaws and regulations with Besso. Petrozzi also stated he was willing to work with Besso to come back with a more satisfactory report.

Members agreed to continue the hearing for at least 30 days. Member Malcolm Smith advocated for a two-month delay to allow the board more time to review information from Besso and Petrozzi.

“Nobody’s in a rush,” said Petrozzi. “I’ve had this thing since 1996.”