What constitutes a bedroom was up for debate at the last two public meetings of the Marion Board of Health, and on November 2, Building Commissioner Bob Grillo asked for direction from the board on the matter.
For instance, a home might be classified as a three-bedroom home but could be used as a five-bedroom home or more, putting more strain on the property’s septic system. Grillo said some applicants want answers before they begin design work on a home.
Such an issue could lead to legal issues and a failed septic system, according to board members.
Grillo said the definition of a bedroom should be a room with an egress or a window; a windowless room should only be considered a den or office. Board members did not debate that but debated the board’s policy on the matter.
“Our main concern is the additional rooms,” Board of Health Chairman Dr. Ed Hoffer said. “If someone wishes to add rooms to an existing house without upgrading septic, they should sign a deed restriction.”
Board member Albin Johnson had a different take. Citing the first homes built in Plymouth, he said there is a history of a homeowner’s right to use rooms as they wish.
Johnson said there are legal avenues in place to protect homeowners and the environment if people buy the house for more bedrooms than what is advertised. Johnson said a realtor could lose his or her license for false advertisement.
“I’m a minimalist,” he said. “You receive a certain bundle of rights when you purchase a piece of property. … The first registry of deeds was in Plymouth.”
The board could not agree to a policy but directed Grillo that any windowless rooms resembling a bedroom should be considered an office.
In other news, the board agreed that if a business selling tobacco sells the property, the tobacco license should be transferred over to the new ownership – if it is a similar business. Hoffer described it as a pro-business move.
“It takes away the value of business,” Hoffer said, if officials do not allow a transfer.
Not all tobacco businesses selling their property will sell it to a tobacco-sales entity, so it will still decrease the number of permits.
In other business, Johnson took aim at an environmental report for the Marion Sanitary Landfill. He said the most recent report includes an extensive history. In recent years, monitoring wells across the street from the town’s Wastewater Treatment Plant at Benson Brook have not detected nitrogen, and the area is clean of pollutants, according to Johnson.
Johnson and the board asked for clarification from engineers to guide the board with an interpretation of the report to inform a decision.
“We are not polluting the environment,” Hoffer said.
The next meeting of the Marion Board of Health was not announced upon adjournment.
Marion Board of Health
By Jeffrey D. Wagner