OLD LYME WATER POLLUTION CONTROL AUTHORITY
BOARD OF APPEALS MEETING
MONDAY, APRIL 6, 2009
The Old Lyme Water Pollution Control Authority Board of Appeals met on Monday, April 6, 2009 at 7:30 p.m. at Memorial Town Hall. Those present and voting were Janice Kraus (Chairman), Tom Degnan, and Bob DePianta
Chairman Kraus called the meeting to order at 7:31 p.m.
1. Pluszynski - 147 Mile Creek Road
Mr. Pluszynski stated that he should not have to pump out his septic system because only he and his wife live in the house. He indicated that the last pump out was done by the previous owner in 2003. Mr. Pluszynski explained that he had all his previous homes pumped yearly and felt he should get credit for that.
The Board explained to Mr. Pluszynski that he could only appeal the fine, not the Ordinance, as the Appeals Board did not have the authority to allow him to break the law.
Mr. Pluszynski questioned who had authority over the Regulation requiring the pump out. Ms. Krause indicated that it is a requirement of the Water Pollution Control Authority. Mr. Pluszynski stated that they may see him on television complaining to Channel 8 News.
The Board of Appeals agreed to a 30-day deferment, ending May 6, 2009, with abatement of the fine if the tank is pumped out by then.
2. Failla - 301 Hartford Avenue
Mr Failla stated that he should not have to abide by the Ordinance to pump out every five years because no one uses the house. He explained that he goes to the house occasionally to do maintenance. Mr. Failla noted that the house is not rented, nor does he let friends use it.
The Board of Appeals explained that they could not allow him to break the law by not pumping, but could defer the fine and then abate it, if he pumped out the tank by May 15, 2009. Mr. Failla agreed to pump the tank at 301 Hartford Avenue by May 15, 2009.
3. Scarfo - 303 Hartford Ave
Mr. Scarfo requested that the fine and necessity to pump out his septic tank be waived. He stated that he is a senior citizen with better things to do with his money. Mr. Scarfo stated that during 2004/2005 no one was at the cottage because his sons were in college and his wife was in Italy caring for aged parents. He noted that during this same time period he was flying for Fed Ex. Mr. Scarfo stated that since 2006, the house has been used only two or three days at a time.
The Board explained that they could not exempt him from the Ordinance, but could defer the fine and then abate it, if he pumped out by May 15, 2009. Mr. Scarfo agreed to pump his septic tank at 303 Hartford Avenue by May 15, 2009.
Mr. Scarfo stated that although he can afford to pump his septic tank, there are many old folks who cannot. He indicated that he feels that the Ordinance needs to be changed and he may take the issue to court. The Board referred Mr. Scarfo to the Water Pollution Control Authority to discuss changes to the Ordinance.
4. Bozenhard - 10-1 Riverdale Landing
Mr. Bozenhard stated that there is no reason to pump out his septic tank. He questioned why there was a 5 year time frame between pump outs.
The Board offered an explanation as to how the Ordinance was adopted and then further modified. They also explained the reasoning for it, i.e., sewer avoidance and water pollution. Mr. Bozenhard indicated that he still feels the Ordinance is unfair.
The Board explained that they could not exempt him from the Ordinance, but could defer the fine and then abate it, if he pumped out by May 15, 2009. Mr. Bozenhard agreed to pump his septic tank at 10-1 Riverdale Landing by May 15, 2009.
5. Suisman - 7 Littlefield Lane
Mr. Suisman did not attend the hearing nor did he call or otherwise notify the Board that he could not attend. The Board found Mr. Suisman in default and found him accountable for the $50.00 (fifty dollar) fine.
The meeting adjourned at 9:00 p.m.
Susan J. Bartlett