Committee defers decision on whether to allow a septic system less than 30m from the shore

How close is too close from the water’s edge for a tertiary septic system?

Attempts to construct a septic system 16.8 metres from the Fairy Lake shoreline, instead of the acceptable 30 metres, did not go well for the consultant and contractor representing the owner of a property at 930 Jones Lane.

They were before Huntsville’s Committee of Adjustment on September 13 seeking approval for the reduction of the required setback. The system would service a bunkie on the second floor of a garage, which is currently under construction, and received planning approvals in 2015. Approvals given at that time included a garage/bunkie at 22.5m from the shoreline, a pool 18m from the shoreline and a boathouse. The property is roughly 1.06 acres in size with about 82 metres of frontage on Fairy Lake and currently contains a single-family dwelling and dock.

Planning consultant Lanny Dennis told committee that there were a number of limitations to where the septic system could be located. He said the existing system, which services the house, is at capacity and that expanding the system would require additional tree removal. It’s not ideally situated either, Dennis said. “It’s already closer to the lake than what’s proposed in this scenario. To run a connection line across the driveway to the tank, which is located at the back of the property, there’s much greater chance of freeze-up.”

He also said there is a greater cost to run an underground line and expand the bed. He said the driveway is located on the south side of the property, which is also not conducive to a septic system and noted that there are also significant trees located on that side as well as existing easements. Putting the septic behind the garage would also not work, as it would bring it closer to neighbours and he did not think it would meet the Ontario Building Code for required setbacks. He said there are also hydro wires and easements on that side.

Dennis said the area where the septic is being proposed has already been roughed in. “It has a swale to direct any flow away from the type 1 fish habitat. There is an existing trough, if you will, between the proposed septic system and the water… so there’s that sort of built in natural barrier.” He also noted that the system being proposed is an enhanced tertiary septic system (meaning it treats effluent on site before it is released), which is what the Town’s Official Plan requires in order to consider a reduced setback from the shoreline for septic tile beds and mantles.

Still the Fairy Lake Association as well as a neighbour to the south have both expressed concerns with the proximity of the septic system to the shoreline, noting unpredictable weather and flooding could result in septic waste leaching into the lake. In its letter to the committee, the Fairy Lake association noted that the ‘magnitude of the setback variance is substanial.’

Questions were also raised about how the building of a bunkie on top of the garage was approved in the first place without giving consideration to how it would be serviced. Town Planner Curtis Syvret told committee that at the time of the 2015 applications, the applicant did not request a setback reduction for a septic system. In response to further questions from Deputy Mayor Karin Terziano, Syvret said at the time it was recognized that the existing septic may not be sufficient and that upgrades may be required. “So we at least got that far,” he added. “We had no elevations or floor plans, so we didn’t know exactly what was being proposed,” adding that a bunkie does not necessarily have to include a washroom.

Terziano added that while she realized Syvret was not the municipality’s Chief Building Official (CBO), “when the building permit was applied for to construct the bunkie, I take it there was no bathroom in it or septic would’ve been addressed at that time?”

Syvret responded that he had spoken to the CBO regarding that issue. “At the time the permit was applied for it was applied for concurrently with the site plan and there was an oversight in terms of the setbacks because of this reach of shoreline,” he said, pointing at an irregular shoreline. “So the septic and the bunkie and the garage were approved. The error was immediately caught and instead of delaying the applicant any further, it was determined it would be best to try to work collaboratively,” said Syvret. “So, they allowed them to proceed with the building of the bunkie and garage conditional on a minor variance being sought for the location of the proposed septic.”

Terziano noted that while committee was told that other options would require tree removal, and while she did not know the extent of additional limitations, ensuring there is no seepage into the lake is important.

I suspect a leakage into Fairy Lake would be less preferable than some trees coming down. I don’t know, is there literally nowhere else on the property? It’s a small septic. Deputy mayor Karin Terziano

“I’m not overly excited about the reduced setbacks but an effective septic system will do the job, regardless of the setbacks,” said Councillor Jason FitzGerald.

Committee debated other possibilities at length and continued to question the planners and contractors but in the end, the representatives for the applicant were given a choice.

“If this committee were leaning towards denying this application, would you prefer to have it deferred and see if there is an alternative solution or would you prefer a decision today,” asked Terziano, who said she personally was leaning towards denying the application. The contractor opted for a deferral. Committee in the end deferred a decision on the setback, despite staff’s recommendation to approve it. The issue is expected to make its way back to the Committee of Adjustment at its October 11 meeting.

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