ATHOL — The Selectmen Tuesday night delayed a decision on a nearly $9,700 sewer bill abatement until their next meeting. The relief is being sought by Robert Hamilton, former owner of Victory Lane Motors, located at 22 Chestnut Hill Ave.
The bill covers the years 2006 to 2018, according to Hamilton’ letter of appeal. Hamilton paid the bill in order to facilitate the sale of the property, which occurred in January of this year, and is asking the selectmen to reimburse the full amount.
An earlier request for an abatement had been denied by Town Manager Shaun Suhoski and Hamilton was appealing that determination to the board.
“There are actually two (sewerage) systems at the building,” Hamilton told the board. “One is the old system that goes in underneath the outside lot, and the newer system that Mr. (Bill) Purple had added that we requested as a back-up system in case the old system failed. The new system was basically a tank and a pump that would be able to pump the sewage up to the town system. We did not use that system, and we have not used that system. Back in 2006 and 2007 when we were billed for sewerage we applied for an abatement and we were granted that abatement.”
“Nothing has changed,” said Hamilton. “No one has come in and done any inspection. No one has brought anything to our attention that we were going to be billed for sewerage even though we weren’t using it. Just prior to selling the building in January, we were hit with a bill for ($9,700) which is totally incorrect. We should never have been billed that and we’re appealing that decision.”
“There is a legitimate question,” said Suhoski, “that either the sewerage is going into the sewer system or it’s going somewhere else, and Board of Health records do not indicate any septic.”
“Where is the sewerage going,” asked board member Stephen Raymond, “into the river?”
“No,” replied Hamilton. “There’s a leach field outside of the building, underneath the lot.”
Assistant Public Works Director Dick Kilhart told the board, “There was an abatement that was issued back in 2006. Now, the clarity of that abatement and why there was an abatement, there seems to be a difference of opinion.”
“I went to the Board of Health and tried to clarify whether or not there was actually a septic system that was there, or was not there,” Kilhart said.
He went on to say that Deb Vondal, the agent for the Board of Health, researched records and spoke to former Health Agent Phil Leger to determine if the septic system on Hamilton’s property had ever been discontinued.
“Much to our chagrin, there was not any record,” Kilhart explained, “and still is no record that that was either disconnected or not disconnected.”
He further explained he had verified that a tank and pump which tied into the municipal sewer system had indeed been installed around 2005 or 2006.
“Now, whether or not that pump system was actually taking sewerage,” Kilhart went on, “whether or not it was turned by valve into an old septic system that was there – I’m not sure. Going back to the closing, at the time (2006) – correct me if I’m wrong – there was no Title V inspection for a septic system like you would have to do in Massachusetts, so we are to assume that it is connected and has been going into the town sewer system for some time.”
After a couple of board members said it appeared no one is really certain where sewerage from the property is going – to a septic system, town sewerage, or directly into the Millers River – Kilhard suggested a die test could be conducted, if needed.
Board Chair Rebecca Bialecki said it appeared there are two matters to be determined; the issue of the abatement appeal and where the sewerage from the site is actually going.
“You could take the abatement under advisement,” said Suhoski, “request additional information, and continue the hearing. If there’s more information that needs to be presented, we should get that. If not, I would request that you uphold the determination.”
The board ultimately decided to revisit the matter at their meeting in two weeks.