Neighborhoods seek repeal of stormwater by-law
Date: 5/21/2012
May 21, 2012By Chris Maza
chrism@thereminder.comEAST LONGMEADOW — A group of homeowners, led by resident Peter Cokotis, are attempting to repeal the recently adopted by-law regarding the maintenance of stormwater basins.
Cokotis hosted a meeting in the East Longmeadow Public Library's Community Room to discuss Article 28 of the May 21 Annual Town Meeting warrant, which he sponsored with a petition signed by residents of Evergreen Drive, Sutton Place, Tamarack Drive, Senecal Place and Heritage Circle.
An affirmative vote for the article, he explained, would effectively repeal the current by-law, which outlines the maintenance responsibilities for retention and detention basins and the town's authority.
"The horse is out of the barn, but it's still close enough that we can lasso it and bring it back," Cokotis said.
The purpose of the repeal, he continued, would be to return to the table and develop a by-law that would be "mutually agreeable and beneficial."
According to the present by-law, the responsibility and cost of bringing a retention or detention basin into compliance would fall solely on the owners of the property on which the basin is located. If the basin is to be maintained by a homeowner's association, the costs would be charged equally to each homeowner in the community.
If a basin were not brought into compliance within 30 days of notice of non-compliance, the Department of Public Works (DPW) would complete the work with the expense being billed to the property owner or neighborhood association.
If the bill is not paid within 30 days, the town would be able to place a lien on the land owned by all responsible for the maintenance of the basin.
The Board of Public Works approved the Rules and Regulations associated with the by-law on April 17.
Cokotis indicated that his research showed that the town of East Longmeadow has 63 basins. Fifty-one of the basins are in residential neighborhoods.
Cokotis and several of the 20 residents who attended the meeting agreed that the town should be responsible for the maintenance and repair of stormwater basins.
"Because the town-wide stormwater and sewer system is serious business, the town should manage all stormwater systems," Cokotis said. "There should be a uniform standard and procedure."
Other residents concurred, adding that every day people do not possess the expertise to adequately maintain the basins, and because of this, they would have to hire contractors, which would equate to added expenses for residents.
Other residents said that their basins are in serious disorder and disrepair and would require extensive and expensive repairs because in the past, town employees had told them that they were not permitted to touch them.
As part of a town-wide stormwater management system, the basins and the cost of their maintenance should fall on the town as a whole, even if some residents do not directly see the benefits, Cokotis added.
He also balked at the possibility of liens placed upon homeowners, calling it "abrasive" to residents and could result in serious problems for the town.
"I don't think it's the intent of the town to have clusters of municipal liens, but it is a real possibility," he said.
Board of Public Works Chair John Maybury, who attended the meeting as a resident and business owner with a detention basin on his commercial property, said that the intent of the by-law is not to sweep through neighborhoods and throw hefty price tags at residents.
Rather, he said, the intent was to bring stability to an issue that needs to be tackled in order to be compliant with the National Pollution Discharge Elimination System's Municipal Separate Storm Sewer Systems program guidelines.
"To this point, no one had been able to decide whether the Conservation Commission, the Planning Board or the DPW would be tackling this. The DPW is trying to be proactive and take it under its umbrella," he said.
