Plympton-Halifax-Kingston Express

  • Home
  • About Us
  • Subscribe
  • Rates
    • Advertisement Rates
    • Subscription Rates
    • Classified Order Form
  • Contact the Express
  • Archives
  • Our Advertisers
You are here: Home / Breaking News / Plympton wins court decision on Title V

Plympton wins court decision on Title V

January 7, 2022 By Deborah Anderson, Express Staff

The town of Plympton was vindicated by a recent Superior Court decision to uphold the Town’s bylaws restricting mounded septic systems to house lots of five acres or more.

Plaintiffs Arlene O’Donnell, trustee of the Anderson Family Revocable Trust, Ernest M. Stevens, Trustee of the S&T Realty Trust, and Richard Springer, a local builder, brought suit against the town for “arbitrary and capricious” enforcement of Plympton’s Title V regulations.

Plympton requires a house lot of five acres or more to accommodate a “mounded system”.  The lot under review was in fact three parcels, two that were not contiguous, that is they do not share a common border, and the total of both did not equal five acres.  The third parcel was a strip of land across the backs of the two lots in between the lots under consideration, thereby connecting the two.   With that 20-foot strip, the area of the “lot” could then total five acres.

Plympton’s Board of Health, Arthur Morin, Chairman, did not allow the permit for the system, citing regulations that “exceed the minimum requirements for subsurface disposal of sanitary sewage … provided by the state environmental code referred to as supplements to Title V of the State Environmental Code,” as the  board is allowed to do.

Because Plympton has no public water or sewer system, all agricultural and industrial wastewaters are deposited into the same aquifer used for the Town’s drinking supply.  The Court allowed that the Board of Health acted properly to protect the Town’s environmental resources and its drinking water supply by not allowing a lot configuration that would not support proper leaching of a septic system.

Nov. 1, 2021, Superior Court Justice William M White, Jr., issued the order.  The Plaintiffs had 60 days to appeal the decision, and did not.  The ruling stands in favor of Plympton.

Share this:

  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on Pinterest (Opens in new window) Pinterest
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print

Related

Filed Under: Breaking News, News

Your Hometown News!

The Plympton-Halifax Express covers the news you care about. Local events. Local business. Local schools. We honestly report about the stories that affect your life. That’s why we are your hometown newspaper!
FacebookEmailsubscribeCall

IN THE NEWS

Letting Heaven and Nature Sing

November 14, 2025 By Stephani Teran

The inimitable Ebenezer Scrooge said, “I will honor Christmas in my heart, and try to keep it all … [Read More...]

Latest News

  • Silver Lake Hosts Scituate for Senior Night
  • Letting Heaven and Nature Sing
  • MacPherson Appointed to Plympton School Committee
  • 26 Local Firefighters Graduate from State Fire Academy
  • Fatal Fire in Halifax Under Investigation
  • Lost and Found
  • Rep. Kathy LaNatra Votes to Strengthen Early Literacy and Financial Education
  • Kingston Student Demands Action on Dangerous Intersection
  • Rep. LaNatra Supports Enhanced Child Welfare Protections
  • Habitat for Humanity of Greater Plymouth accepting applications

Share this:

  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on Pinterest (Opens in new window) Pinterest
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print

Related

»
«

[footer_backtotop]

Plympton-Halifax Express  • 1000 Main Street, PO Box 60, Hanson, MA 02341 • 781-293-0420 • Published by Anderson Newspapers, Inc.