Amid flooding problems, Whately to explore ownership of pipes
Published: 09-03-2023 4:23 PM |
WHATELY — In the wake of flooding in one resident’s yard on Christian Lane, the town and the neighborhood will undertake research to see who is responsible for repairs.
Christian Lane resident Jeff Kocot appeared before the Selectboard in late July to start a discussion about extensive flooding on his property, which led to a pool of standing water in his yard.
“I was looking for a pontoon boat that week,” he said Tuesday evening.
Following the first discussion, Town Administrator Brian Domina acquired a camera to look through the pipes around the neighborhood and did some research on the layout of Christian Lane.
Speaking to the Selectboard and neighborhood residents Tuesday, Domina said the clay pipes on the northern side of Christian Lane have been infiltrated by tree roots, causing a blockage.
While the town figured out the answer to why so much water has been pouring onto Kocot’s property, the ownership of the infrastructure remains a mystery.
“It’s inconclusive,” he said. Domina explained he examined Town Meeting records from 1935 through 1939 and discovered articles requesting $1,000 for the road, but without a clear reasoning for the funding. “There’s money to improve the road but I don’t know what it was used for; the records aren’t clear.”
Additionally, several of those articles, as well as similar ones in 1943 and 1949, were rejected by residents. Research of town deeds also did not reveal any easements on parcels for town infrastructure. Domina and Selectboard Chair Fred Baron suggested that town records back then were not as clear and, oftentimes in small towns, things were sometimes done on a handshake deal.
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“It’s the bigger overall question of whose responsibility it is for the system. Is it a town responsibility to maintain the system or is it private?” Baron said. “We’re trying to unravel things that were not done in the 1930s that would’ve been done now.”
The answer may have become more clear following the meeting, as Baron said Domina was able to find a map that was prepared for the extension of the town’s water main in 1993, which showed the drainage line in question isn’t in the town right of way, except for when it crosses under Christian Lane.
Baron said they’ll verify this information and keep working with landowners to solve the situation.
“We’ll keep looking into it,” he said Thursday morning. “As far as I can see it, it shouldn’t be a town problem.”
On top of the flooding of Kocot’s property, several other residents in the neighborhood spoke up Tuesday evening to share concerns about other water runoff issues they’ve been experiencing.
Domina said there may be some “piecemeal maps” of the neighborhood that may present clearer information. Christian Lane resident Fred Orloski, a former Selectboard member, noted there have been surveys done in the past that may help fill out the picture.
Selectboard member Julianna Waggoner said the board and residents should band together to compile a collection of neighborhood deeds and surveys to determine ownership of the pipe.
“It’s an aging drainage system. There’s got to be some kind of solution. Let’s look at the surveys,” she said.
“It’s definitely a unique situation,” Kocot added.
Regardless of whether it’s a town problem or a resident issue, Domina suggested that residents reach out to state Rep. Natalie Blais and Sen. Paul Mark to get the matter on their radars, which could help bring in some grant funding or other state money to address the flooding.
“They need to hear it’s a problem,” he said.
Baron emphasized he wants to help residents and taxpayers who are experiencing issues, but the ownership of the road is the most important aspect. If the town were to undertake a project on a private piece of property, he said it sets a precedent that all residents could ask for town help on private land.
“The problem is, if the town undertakes a project to resolve it, do we have to resolve similar problems on other town roads for every resident?” Baron said. “We’re happy to work with you as we figure out the responsibilities and obligations on both sides.”
Chris Larabee can be reached at clarabee@recorder.com or 413-930-4081.