by Frank Schroth

Joe Lynch, director of the DPW, met with the Selectmen at their meeting on Monday to discuss a draft amnesty proposal for residents who have been receiving free sewer service. Mr. Lynch explained that the situation came to light. It was “serendipity.”

It was in the course of a routine real estate transaction that the real estate broker in filling out forms noticed that the family liquidating their property had not been receiving any sewer bills. Lynch said the DPW working with the Board of Health researched the issue and that there are 452 properties which raise some questions. Of those, 22 have been determined to have received service but no sewer bills. They have been notified. Lynch said there are 29 other properties that are “highly suspect.” Lynch noted that other than the 22 “we would be speculating with information from the homeowners.” The issue may go back to the early 70s, and Lynch said an open question was how far back to go in terms of collecting payment. John Flynn, Town Counsel, was also present and in discussing with Selectmen, it was decided to go back 6 years as that could be reasonably assumed as the statute of limitations.

The issue has kindled quite a bit of ire among homeowners in town as they feel they have been footing the bill for scofflaws. Member Hurley acknowledged that he had received “tons of e-mails on this.”

Lynch explained that there are numerous scenarios under which this may have occurred. While some homeowners may knowingly have hooked up for free service, that cannot be assumed. For example, a homeowner may have hired a contractor who never filed the necessary work. The homeowner would not be aware of this. Similarly, a home buyer may not have been aware that the sewer connection was not registered with the town. Lynch said it was important to validate that a home was connected and not receiving a bill. This can be verified easily if the homeowner grants entry to the residence with a dye test. Absent permission, the DPW can also run a smoke test to determine if a connection is present. Lynch noted that if the connection were not properly done it is possible that the house in question could fill up with smoke.

In reviewing the proposal, Member Hurley flagged wording in spots that he felt did not make sense, Those passages will be revised. The Selectmen agreed to a tiered system. Folks who have been clearly identified as receiving service and no bill will be required to pay for the service going back 6 years. Residents suspected of receiving service and no bill will be notified and asked to come forward and cooperate with the DPW. Residents who cooperate and are found to have received service without a bill will be billed for 4 years. The third tier is for residents who moved into a home within the 6-year period and did not necessarily know they should have had a bill. A resident who moved in two years ago would be billed for 2 years.

In addition, they agreed that the Assistant Town Administrator would serve as a hearing officer. Mr. Lynch did not say, nor did the Selectmen ask, if there were any institutional properties on the list. Lastly, Mr. Flynn said that a lien cannot be placed on a property until the owner fails to pay a bill. Since no bills have been issued, a lien is not an option at the moment for enforcing payment. The Selectmen will resume discussion of the issue later this month.