Date: Fri 08-May-1998

Publication: Bee

Author: ANDYG

Quick Words:

WPCA-sewer-Lexington

Full Text:

WPCA Reviews Sewer District Properties That Don't Want To Hook Up

BY ANDREW GOROSKO

Water Pollution Control Authority (WPCA) members are considering requests from

nine property owners who ask that they not be forced to connect their

properties to the town's sanitary sewer system.

The requests came at a recent WPCA public hearing. WPCA members are expected

to decide on the requests at a May 14 meeting.

The WPCA has adopted a policy concerning residential properties in the sewer

district that allows a property to stay unconnected to the sewer system,

provided that the property is more than 300 feet from a sewer main and the

property has a septic system in good working order. Also, the septic system

serving the property must have never failed.

Property owners must receive formal approval from the WPCA to stay unconnected

to the sewer system.

By avoiding a sewer system connection, property owners avoid sewer system

connection costs, which can run several thousand dollars depending upon the

specific property, and also avoid paying sewer usage charges.

The owners of unconnected properties, however, are required to pay sewer

assessments, such as those paid by property owners whose properties are

connected to the system.

The typical residential sewer assessment is $9,900, payable to the town, plus

2 percent interest, across 20 years. Non-residential sewer assessments are

generally higher, often much higher.

Lexington Gardens

Lexington Gardens, a flower and gift shop at 32 Church Hill Road, is a

non-residential property that is seeking to avoid connecting to the sewer

system.

Attorney Robert Hall, representing Lexington Gardens owner Tom Johnson,

explained to WPCA members that Mr Johnson has a long-term lease with the

property's owner that requires Mr Johnson to cover any sewer-related costs.

Mr Johnson's desire to remain unconnected to the sewer system stems from the

lengthy and relatively costly sewer connection line which would be needed on

the property, plus the questionable benefit of a sewer system connection at a

property with a septic system that is reportedly in working order.

After a 1996 review of Lexington Gardens' septic system performance by the

town health district, the WPCA voted not to allow the business to remain

unconnected to the sewer system. The septic system connection line would be

more than 400 feet long.

WPCA members asked that Mr Johnson have an engineering study prepared to

document that Lexington Gardens' septic system is adequate and functions

properly.

Lexington Gardens recently filed a lawsuit against the town challenging its

$114,930 sewer assessment for the business. That suit is pending. Lexington

Gardens' landlord is George H. Cladis.

The sewer assessment represents the firm's fraction of the capital costs

involved in building the municipal sewer system, which is designed to serve

more than 800 properties.

Other property owners that have asked the WPCA to stay unconnected to the

sewer system are: Mrs Stanford of Sunset Hill Road; Carmen Renzulli, who owns

property near Interstate 84's Exit 10 interchange; Jim Knapp of 22 Oakview

Road; Charles Robinson of 13 Oakview Road; Michael McCaffrey of 15-A Oakview

Road; Randall Zakresky of 26« Main Street; and Lindell Hertberg of 61 Main

Street.

Orders To Connect

Fred Hurley, public works director, said May 5 he expects that by Memorial

Day, May 25, all property owners who haven't yet connected to the sewer system

will have received their town orders to connect. Property owners who are

ordered to connect but don't want to do so may challenge their order through

lawsuits in Danbury Superior Court.

So far, about 450 of the more 800 properties in the sewer district have

connected to the sewer system, Mr Hurley said.

The public works director said he expects that 90 to 95 percent of all

properties will be connected by early September.

Construction on the $32.5 million sewer system began in November 1994. The

state forced the town to build the system to resolve longstanding groundwater

pollution problems caused by failing septic systems.