Dudley Board of Health Denies Deed Restriction for Marsh Road Farmhouse Septic Dispute

DUDLEY -- May 19, 2026, Dudley Board of Health denies deed restriction bid for Marsh Road farmhouse, citing undersized septic and precedent concerns. The board voted unanimously at its May 19 meeting to reject a request from the owners of 75 Marsh Road, who sought a deed restriction formally limiting their newly constructed farmhouse to four bedrooms so they could retain an existing septic system rated at 440 gallons per day, below the 550-gallon capacity required for the five-bedroom designation the home carries under Title V's room-count formula. Health Agent Justin argued the 2010 septic system was already undersized for the original 10-room, five-bedroom farmhouse it served, was granted a local upgrade allowance for reduced groundwater separation that would not be permitted for new construction, and that approving a deed restriction here would "open the door for other people to come to us and say, you did it before." The new home, at approximately 5,100 square feet, is roughly 75 percent larger than the farmhouse it replaces. The board also unanimously approved a $2,300 beach water testing contract with Micro-Back, up from $1,700 last year, and canceled its June meeting, consolidating pending business into the July 21 meeting.