By Mary Macedo, Neighb News Correspondent
At its meeting on Monday 5/24 the Fairhaven Board of Public Works hired an Assistant Sewer Superintendent and finally made a decision on granting a sewer stub to 14 Cherrystone Road.
The board started the meeting in executive session to conduct interviews for the Assistant Sewer Superintendent position. The meeting was reopened to the public and the board voted unanimously to promote current Sewer Department employee Christopher Holland to the new position with a salary at Level 16, Step Four.
In another matter the board met with Stephen Hickox again to make a decision on his request for a sewer stub at 14 Cherrystone Road. At the last BPW meeting the board chose to hold off on voting so they had time to speak with Town Counsel Tom Crotty
Mr. Hickox, his attorney and Mr. Crotty all joined the meeting via Zoom.
BPW Superintendent Vinnie Furtado explained that 25 years ago when the town made the agreement for 380 sewer stubs for West Island Mr. Hickox’s property on Cherrystone Road was labeled as an unbuildable lot. Mr. Furtado said the board should only allow a sewer stub at the property if it can be proven that the property was missed by mistake 25 years ago.
Mr. Furtado explained that the property has been re-categorized, but it is unknown if the new categorization would allow for the board to grant the sewer stub request, which is why Mr. Crotty was there to help answer some legal questions.
Mr. Crotty explained that there is one sewer stub available, but there are six other properties that have requested the stub and been denied. Mr. Crotty explained that if Mr. Hickox’s property was missed 25 years ago, that available stub could be given to him.
Mr. Crotty explained that in 1996 when the town started the sewer project, the property had a small structure on it that seemed to be used for beach access, such as a changing room etc. Mr. Crotty said it was not a building someone could live in, had no septic system or toilet, and was listed as unbuildable.
Mr. Crotty said there is no evidence that it was missed by mistake and he had no idea why it was listed as unbuildable. He said that legally the board can vote to grant stub or not and there will be no legal trouble from the state.
Mr. Crotty said that he was sorry there as no easy answer, but the board can vote whichever way they like and there would be no repercussions from the state.
Board member Cameron Durant asked when the town re-categorized the property was the town admitting that the property was not properly categorized or was that a separate issue?
Mr. Crotty said he tried to get in touch with the assessor’s office, but was never able to reach them and never got an answer.
Mr. Durant explained that six other properties have been denied sewer stubs by the board; if they grant Mr. Hickox this sewer stub would that open up the board to lawsuits from the previous residents that have made stub requests previously?
Mr. Crotty said if the board did grant Mr. Hickox the sewer stub, it would definitely open up the board to lawsuits, but the town is always open to lawsuits no matter what.
Mr. Crotty explained that it is not so much about the lawsuit, it is about liability. Mr. Crotty said the board would have to look at each property they denied a stub to and see if the property had a building on it in 1996 or was labeled buildable etc. to see if any of those properties have a case to make for the available stub.
Board member Frank Coelho asked if the board could have a moratorium for a year to look into the properties that were denied to see if any of the properties are more deserving of the stub.
Mr. Crotty said that the board can definitely do that and it would be a great idea to look into the other properties and see what the board’s options are.
Mr. Coelho also suggested contacting the state to see if they would allow more sewer stubs.
BPW Vice-Chairperson Robert “Hoppy” Hobson said that the Board of Health and building inspector have all said the property is unbuildable. He said other properties have both a septic system and a well and have still been denied a sewer stub. If they grant Mr. Hickox the stub it is going to open up “a can of worms.” Mr. Hobson suggested the board just vote and let Mr. Hickox take the issue to court.
Mr. Hobson said the whole thing was ridiculous.
Board member Marcus Ferro said it was a matter of determining if the property was missed in 1996. He asked if the board decided to grant the stub would the board be admitting that the property was missed in 1996?
Mr. Crotty said yes it would be.
Mr. Ferro said that he did not think the board was in the position to decide if the property was missed.
BPW Chairperson Brian Wotton agreed with Mr. Ferro and said he did not feel that the BPW had the right to make the decision. Mr. Wotton said they have no right to go against the state, the Department of Environmental Management, or the engineers and people that worked on the sewer project back in 1996.
Mr. Wotton said he had heard from people in town that were there when the project done in 1996 and they said that this property was absolutely not missed by mistake.
He also said that his concern was the six other properties that were denied a stub that have property that is buildable. He said that he cannot put the Cherrystone property above those other properties. There is one stub available and Mr. Hickox should not be able to cut in front of those six other properties.
Mr. Wotton said he agreed with Mr. Coelho about contacting the state to see if there is any possibility of getting more stubs, but Mr. Wotton said he felt that they discussed the Hickox property to death and he is over it.
Mr. Wotton also said he thought Mr. Hickox should get to tie in, but so should the other six properties, and the board has no right to grant Mr. Hickox the stub.
Mr. Hobson said he was interested in ending it.
Mr. Coelho made a motion to have a one year moratorium and form a committee to get in contact with the DEM to see if the town can get more stubs before granting the one available stub to anyone.
Mr. Durant said he would second the motion if the moratorium does not exceed one year and if they find out in a month that no more stubs are allowed they can make the decision right away.
Mr. Coelho agreed and Mr. Durant seconded the motion with Mr. Hobson, Mr. Ferro, and Mr. Wotton voting against it, so it failed.
Mr. Hobson made a motion to deny Mr. Hickox’s request for a sewer stub. Mr. Ferro seconded the motion with Mr. Wotton in favor and Mr. Coelho and Mr. Durant against it. The motion passed 3-2.
Mr. Durant asked if at the next meeting they could discuss the possibility of getting in contact with the DEM to see what is allowed and what the rules are with the sewer stub agreement.
Mr. Wotton agreed and said it would be nice to meet with them and see what the possibilities are for getting more stubs.
Mr. Furtado said he did not think the state will allow more stubs and meeting with them will probably be a waste of time.
Mr. Wotton asked if they could just get some comment from them, even if it is just a letter.
Mr. Durant agreed and Mr. Furtado said he would get in contact with them.
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