HomeMy WebLinkAboutMinutes - SC - 01/30/2019 �a TOWN OF COHASSET
r ` Sewer Commission
41 Highland Avenue
Cohasset, MA 02025
a'«r, �7 1 781-383-4100 x5114
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Date: January 30, 2019
Time: 10:00 am
Place: Willcutt Commons
Attendees:
William McGowan
John Beck
Wayne Sawchuk
Dan Coughlin
Michelle Leary
Marge Goodwin
Donald Staszko
Brent Sutter
Scott Papa
Next Meeting: 10am on February 13 at Willcutt Commons
Budget Discussions:
Discussed budgeting, increase in revenue needed.
WS motions to vote to present an increase to the fee structure 3%overall,with that increase coming 1/3
from the quarterly fee and 2/3 from the flow-based fee (must get Town Meeting approval),All fees will
increase July 1, 2019 for FY'20. WM seconds, unanimous.
New Sewer District-Staszko:
DS: I met with town council and drafted a petition as he suggested I do. He says I need a vote from the
commission saying that they want to amend the sewer district to reflect the changes I would like to
make. (map distributed to board, included as an attachment to these minutes).This plan needs to be
drawn on the sewer district map but this is the plan shown on munimapper.
WS: So what goes on the warrant for town meeting?What is on the petition?
DS:The petition lists all the properties indicated on this map,from the assessors, with parcel IDs.Town
council says there needs to be a public hearing for the explicit purpose of voting to amend the sewer
district as stated in the petition.
JB: My understanding is that until the citizen's petition is approved,the sewer commission does not
have any jurisdiction to amend the sewer district.
DS:That's correct but you're voting that you're not against it.
�a TOWN OF COHASSET
r ` Sewer Commission
41 Highland Avenue
Cohasset, MA 02025
a'«r, �7 1 781-383-4100 x5114
0
o
JB: My understand was that the sewer commission proposes the amendment and town meeting
approves it or disapproves it.
IDS: Right, I brought a copy of the text of the regulations (documents included as attachments to these
minutes). "The territory covered by said sewer districts may be amended from time to time by the board
of sewer commissioners, after a public hearing conducted to consider such amendment, upon approval
of town meeting" I'm hoping you go to town meeting and say"hey we go along with this" and then after
that you can amend it. You can amend the sewer district by a vote from this board without town
meeting if the sewer areas are defined by a comprehensive wastewater management plan approved by
the secretary of environmental affairs. Say there's a massive sewage problem in this area and DEP says
we need to correct it, you as a board can approve it without going to town meeting.
Quote from text for reference:
"The territory covered by said sewer districts may be amended from time to time by the board of
sewer commissioners, after a public hearing conducted to consider such amendment, upon
approval of the department of environmental protection if otherwise required by law and upon
enactment by town meeting of a by-law defining or establishing a new or expanded sewer
district. In the event that the board of sewer commissioners votes not to amend the territory of
any sewer district in accordance with the foregoing sentence, then the amendment may
nevertheless be enacted in a form of a by-law upon a two-thirds majority vote of town meeting."
WS: Is this the legislation that was specifically for Cohasset?
IDS: Yes. Numbers 3485 and 3671. 3671 was an amendment of 3485. 1 talked to Chris Senior, he'll put
this map in the warrant(see attached). I'll have Morse engineering do a more polished map on the
sewer district map to attach to the warrant.
JB: Let's assume for discussion purposes this plan goes through for a moment, how are you going to deal
with the property owners on the other side of Sohier St?
IDS: We'll size everything to handle their flow all the way to Evergreen Lane via my distribution line on
my property, probably will need to add another 12,000 gallon tank.This was all discussed with town
council, he drafted all this.
WM: It seems that section 18 puts a narrow window on what the commission can do: "subject to
capacity,to serve municipal buildings or public restrooms or other public service uses as defined by
municipality; provided however, that such uses may include, but shall not be limited to affordable
housing constructed pursuant to chapters 40B and 40R of the General Laws"
WS: I think we don't make a recommendation until town meeting,we stand up and make the
recommendation at town meeting but not before that.
IDS: It's usually in the warrant if the board recommended it or not.
�a TOWN OF COHASSET
r ` Sewer Commission
41 Highland Avenue
Cohasset, MA 02025
a'«r, �7 1 781-383-4100 x5114
0
o
ML: Yes, it usually says something to the affect "favorable" or"not favorable" or"inconclusive"
WS: Usually you see the advisory board doing that.
WM: We haven't had anything like this before.
ML: So this petition is just to extend the sewer district, nothing about what's going to be connected or
how,these are just the parcels that will be added to the district?
IDS: Correct and then we will have an agreement between me and the board about everything we spoke
about before.
WS: At some point there should be a public meeting and invite all the owners of the other buildings
included in this extension invited to the meeting to make sure this whole plan we've been discussing can
go forward, but that's a discussion for the future. I have no objection to take it to the next step.
JB:To the citizen's petition?
WS: Right
WM:To have the petition go to town meeting, but that's totally outside of us,we have no jurisdiction
there.
IDS: All I'm asking for is the board's support in taking the petition to town meeting,just as I'm going to
ask for the Board of Selectmen's support.
WM: I'm not sure if that's what he's asking for
IDS: I'm asking for the board to approve this
WS:Just what's in the petition, none of the other things, plans etc.
WM:To approve the entire concept and project
IDS: No, I'm asking for your support for the citizen's petition
WS:Just to extend the district
ML:To vote to support the citizen's petition as written.
WS: None of the technical aspects of it.
IDS: After the petition is passed, we can iron out all the technical details of the rest of the plan.
WS: We are only voting to support him bringing the petition to town meeting.
IDS: Once the petition is done, I have to come back and get the Board's approval for all the details of the
rest of the plan.
�a TOWN OF COHASSET
r ` Sewer Commission
41 Highland Avenue
Cohasset, MA 02025
a'«r, �7 1 781-383-4100 x5114
0
o
WM: I still have questions about this plan so as of right now, my vote would be no
JB:To take it to town meeting?
WM: Well I think there's more to this than we're looking at here, as of right now,this will show up on
the warrant with a vote at the bottom as to whether or not the Sewer Commission puts its stamp of
approval on this whole thing.
DS: I'm only asking for your support.
WS: We're just voting to support his right to bring this petition as written (see petition attached to these
minutes)to town meeting.
WM: Well that is absolutely his right, I would vote to support that.
JB:The whole debate here is because there is a lot of discussion about this project and it revolves
around some serious concerns about what the ramifications are for the sewer commission and the town
as a whole should this entire plan go into effect. It's primarily driven by concerns about dealing with
South Main issues and the gulf and ongoing discussions with Scituate. We voted last week that we
would support bilateral discussions with Scituate to deal with the gulf issues.
DS: I hear your concerns about the gulf and south main, but you have excess capacity of approx.40,000
gallons?
WS: Somewhere in that range, yes
DS: So my plan, we're talking about 10 or 11,000 gallons,that still leaves 30,00 gallons, would that leave
enough?
WM: We don't know yet because it's a large project, we'll have to go south main through North
Scituate, it's a large project but we don't know how much capacity we'll need
WS: But there are a lot of unanswered questions still about all of that. But I think this petition is a good
hurdle to get over first because if there are any serious concerns by the people of Cohasset,that will
come out in town meeting before this plan moves forward at all.
Wayne Sawchuk motions to support the presentation of the citizen's petition (as written and presented
to the Board today) at annual town meeting (expressly without commitment by the board to any future
project related to this district expansion),William McGowan seconds, unanimous.
ML:Just so everyone knows,the town clerk has confirmed that the petition cannot be modified or
amended in any way from now until town meeting, any modifications can ONLY take place on the floor
Membrane Discussion:
�a TOWN OF COHASSET
r ` Sewer Commission
; = 41 Highland Avenue
Cohasset, MA 02025
a'«r' �7 1 781-383-4100 x5114
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Discussed membranes, available technology& installation costs with Brent Sutter of Woodard and
Curran.
McGowan motions to adjorn at 1:20 pm, Beck seconds, unanimous.
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CITIZEN'S PETITION
Pursuant to the authority of Massachusetts General Laws, Chapter 39, Section 10 and
Part I, Chapter 45, Section 1(C) of the General By-laws of the Town of Cohasset, the
undersigned, all being registered voters of the Town of Cohasset,request the insertion of the
following article in the Warrant for the Annual Town Meeting to be held on Monday, April 29,
2019, or any extended date determined by Annual Town Meeting.
To see if the Town will authorize the amendment of, and take such other action as
deemed appropriate to amend, the existing"Sewer District Map" prepared by Coughlin
Environmental Services, Inc., dated April 2014, to allow for the expansion of the Central
Cohasset Sewer District to include the following parcels outlined in bold on the attached portion
of said"Sewer District Map": 124 King Street(Parcel ID: C6-70-004), 130 King Street(Parcel
ID: C6-70-003), 152 King Street (Parcel ID: C6-70-002), 154-156 King Street(Parcel ID: C6-
70-001), 166 King Street (Prop. Id.: C643-006), King Street (Parcel ID: C643-005), 190 King
Street(Parcel ID: C6-43-004), Sohier Street (Parcel ID: C6-43-005A), 380C J Cushing Hwy
(Prop. Id: C6-43-003), C J Cushing Hwy (Parcel ID: D6-42-028A),400 C J Cushing Hwy(Prop.
Id: D7-42-028), C J Cushing Hwy (Prop. Id: D742-040), C J Cushing Hwy (Prop. Id: D642-
041), 210 Sohier Street (Parcel ID: D6-42-025).
Or act on anything relating thereto.
SIGNATURE: RESIDENTIAL ADDRESS:
1
HOUSE DOCKET, NO.3671 FILED ON- 5l29/2013
HOUSE . . . . . . . . . . . . No. 3485
cTbe Camnionhjealtij of fRamq ciju5cmt
PRESENTED BY:
Garrett J. Bradley and Robert L. Hedlund
To the Honoa•able Sedate and Housc of Representatives of'the Commonwealth oJ'Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act amending the enabling act of the Cohasset Board of Sewer Commissioners.
PETITION OF.
NAME: DISTRICT/ADDRESS:
Garrett J. Bradley _ _3rd Plymouth
Robert L. Hedlund Plymouth and Norfolk __w_.
1 of
HOUSE DOCKET, NO. 3671 FILED ON: 512912013
HOUSE . . . . . a a a . . . . a . . No. 3485
By Representative Bradley of Hingham and Senator Hedlund, a joint petition (accompanied by
bill, House, No. 3485) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) for
legislation to authorize the establishment of sewer districts in the town of Cohasset.
Environment, Natural Resources and Agriculture. [Local Approval Received.]
(Ely ('Eons 1tonWeaftl) of fNaMmr1 U$ett5
In the Year Two Thousand Thirteen
An Act amending the enabling act of the Cohasset Board of Sewer Commissioners.
Be it enacted by the Senate and House oJRepresentatives in General Court assembled, and by the authoritY
oJ'the same, asJollows:
I SECTION 1. Chapter 65 of the acts of 1962 is hereby amended by striking out sections 1
2 and 2 and inserting in place thereof the following 2 sections:-
3 Section 1. The town of Cohasset, acting by and through its board of sewer commissioners
4 described in section 3, may lay out, plan, construct, maintain and operate a system or systems of
5 common sewers for parts or the whole of its territory, as may be from time to time defined and
6 established by adoption by town meeting of one or more by laws as a designated sewer district
7 under the jurisdiction and control of the board of sewer commissioners, with such capacity
8 limitations, connections, pumping stations, treatment plants and other works, as may be allocated
9 in such by-law to such sewer district as required for a system or systems of sewage treatment and
10 disposal, and may construct, maintain and operate such sewers and related works in said sewer
11 districts defined and established by by-law as may be necessary. No other sewers shall be
12 constructed in any public ways in the town that are not within the limits of such designated sewer
13 districts and which are not under the control of the board of sewer commissioners, and no other
14 sewers that are not within the limits of such designated sewer districts shall become part of or
15 connected to any sewer, sewers, pumping stations or other works within the limits of such
16 designated sewer districts.
17 Section 2. The town, acting by and through its board of sewer commissioners, may make
18 and maintain in any way within sewer districts defined and established as set forth in section 1
19 where common sewers are laid out or constructed, such connecting sewers within the limits of
2 of 5
20 such way as may be necessary to connect any estate within such district that abuts upon a way
21 within such district.
22 SECTION 2. Said chapter 65 is hereby further amended by striking out section 7 and
23 inserting in place thereof the following section:-
24 Section 7. The financial operations of the sewer system shall be an enterprise fund within
25 the meaning of section 53F%z of chapter 44 of the General Laws, except as modified herein, and
26 any expenditure from such fund shall be made only jointly upon authorization by the board of
27 sewer commissioners and the town of Cohasset Town Manager as defined by Chapter 34 of the
28 Acts of 1997, as amended by chapter 421 of the Acts of 1998 and chapter 330 of the acts of
29 2000. The town shall, by vote at town meeting, determine whether it shall pay the whole or a
30 portion of the cost of said system or systems of sewerage and sewage disposal, and if a portion,
31 what proportion. If the town votes to pay less than the whole cost, in providing for the payment
32 of the remaining portion of the cost of said system or systems, the town, acting through its board
33 of sewer commissioners, may avail itself of any or all the methods permitted by the General
34 Laws, and the provisions of the General Laws relative to the assessment, apportionment,
35 division, reassessment, abatement and collection of sewer assessments or the additional methods
36 set forth in section 17, and as to liens therefor and to interest thereon, shall apply to assessments
37 made pursuant to this act by the board of sewer commissioners, except that interest shall be at the
38 rate as may be established by the board of sewer commissioners from time to time. At the same
f 39 meeting at which town meeting determines that any portion of the cost is to be borne by the
40 town, such town meeting may by vote determine by which of such methods the remaining
41 portion of said cost shall be provided for. The collector of taxes of said town shall certify the
42 payment or payments of any such assessment or apportionments thereof to the board of sewer
43 commissioners, who shall preserve a record thereof.
44 SECTION 3. Said chapter 65 is hereby further amended by striking out section 9 and
45 inserting in place thereof the following section:-
46 Section 9. The revenues received by the fund described in section 7 of this act from
47 sewer assessments, fees, charges, contributions from the town towards the costs of such sewer
48 system as described in section 7, and the like as receipts or revenues, shall be applied to the
49 payment of charges and expenses incident to the planning, permitting, design, construction,
50 maintenance, and operation of said system or systems of sewerage and sewage disposal or to the
51 extensions thereof, to the payment of principal or interest upon bonds or notes issued for sewer
52 purposes, or to the payment or redemption of such bonds or notes.
53 SECTION 4. Section 11 of chapter 65 of the acts of 1962 is hereby amended by
54 inserting after the words "signed by the board", in line 2, the following words:-with approval by
55 the town manager.
3of5
56 SECTION 5. Said chapter 65 is hereby further amended by striking out section 12 and 1
57 inserting in place thereof the following section:-
58 Section 12. The board of sewer commissioners may, from time to time, adopt and
59 prescribe rules and regulations for the means of connection of estates and buildings with sewers
60 and for inspection of the materials, the construction, alteration, and use of all connections
61 entering to such sewers, but not including the expansion of districts except as provided in
62 sections 1 and 16, and may prescribe penalties, not exceeding $300 per day for each violation of
63 any such rule or regulation. Such rules and regulations shall be available for public review at the
64 sewer commission's designated office during regular office hours. Any changes, deletions,
65 additions or revisions to said rules and regulations deemed necessary by the board of sewer
66 commissioners from time to time, shall take full effect after a notice of change has been
67 published at least once a week for 2 successive weeks in a newspaper of general circulation in
68 the town of Cohasset, which notice shall detail where and when such revised rules and
69 regulations may be viewed by the general public.
70 SECTION 6. Section 14 of chapter 65 of the acts of 1962 is hereby repealed.
71 SECTION 7. Said chapter 65 is hereby further amended by striking out section 16 and
72 inserting in place thereof the following section:-
73 Section 16. Notwithstanding any general or special law to the contrary, owners of land
74 not within the sewer districts defined and established pursuant to section 1 of this act shall not be
75 permitted to connect to the town's sewer system except as is set forth in this act. The territory
76 covered by said sewer districts may be amended from time to time by the board of sewer
77 commissioners, after a public hearing conducted to consider such amendment, upon approval of
78 the department of environmental protection if otherwise required by law and upon enactment by
79 town meeting of a by-law defining or establishing a new or expanded sewer district. In the event
80 that the board of sewer commissioners votes not to amend the territory of any sewer district in
81 accordance with the foregoing sentence, then the amendment may nevertheless be enacted in a
82 form of a by-law upon a two-thirds majority vote of town meeting.
83 Any by-Iaw adopted pursuant to the authority granted to the town ofCohasset by this act
84 may include authorization to the board of sewer commissioners without a town meeting vote to
85 add to the sewer districts created pursuant to this act properties Iocated within sewer needs areas
86 as defined by any comprehensive wastewater management plan as may be approved by the
87 secretary of energy and environmental affairs with such conditions and limitations with respect
88 to such authorization as such by-law may provide.
89 SECTION 8. Said chapter 65 is hereby further amended by striking out section 17 and
90 inserting in place thereof the following 2 sections:-
4 of 5
91 Section 17. The board of sewer commissioners may, in its discretion, prescribe for the
92 users of said sewer systems and disposal works such annual charges, connection fees,
93 assessments, privilege fees, and the like, based on the benefits derived therefrom as such sewer
94 commission may deem proper, subject however, to such by-laws as may be adopted by vote of
95 the town, or as may be provided for in the General Laws. Notwithstanding any law to the
96 contrary, the commission is authorized to impose and collect such charges, fees, or assessments
97 prior to connection or operation of such system of sewers and disposal works, and may enter into
98 agreements for the payment thereof over such time as the sewer commission shall determine. In
99 fixing the charges to be imposed for said system, the Board of sewer commissioners is
100 authorized to make use of any fee, charge, assessment or betterment provided for by the General
101 Laws and further may take into consideration all costs for ongoing removal of infiltration and
102 inflow of non-wastewater into the system as part of the normal operating costs of the system;
103 may include, in setting privilege fees, capital costs and interest charges applicable thereto; may
104 impose late fees for unpaid billings; may assess a capacity utilization fee to new estates and
105 properties added to a sewer district authorized by this act from outside a designated needs area in
106 addition to any privilege fee; may charge betterments, special assessments, or any other charge to
107 the estates and properties being served by collection system improvements and extensions and
108 disposal works to pay for all costs for sewer line extensions to serve.
109 Section I S. Notwithstanding anything to the contrary contained herein, the board of
110 sewer commissioners may at any time permit extensions, new connections or increases in flow to
: 11 the sewer system, subject to capacity, to serve municipal buildings or public restrooms or other
112 public service uses as defined by the municipality; provided, however, that such uses may
113 include, but shall not be limited to, affordable housing constructed pursuant to chapters 40B and
114 40R of the General Laws, without thereby creating any entitlement on the part of any person to
115 connect to such sewer system, subject to capacity and in order of application, may permit or if in
116 the public interest, may require, extensions, new connections or new flow to the sewer system
117 within such districts.
118 SECTION 9. This act shall take effect upon its passage.
5 of
FILED ON:9126/2013
HOUSE . . . . . . . age . . . . No. 3671
Elie Co III ilia 11Weald) of A.a55aCbU!6ett5
In the Year Two Thousand Thirteen
An Act relative to the Cohasset Board of Sewer Commissioners.
Be it enacted by the Senate and House of Represenlalires in General Court assembled, and by the authority
of'the satire, as follows:
1 SECTION 1. Chapter 65 of the acts of 1962 is hereby amended by striking out sections 1
2 and 2 and inserting in place thereof the following 2 sections:-
3 Section 1. The town of Cohasset, acting by and through its board of sewer commissioners
4 described in section 3, may lay out, plan, construct, maintain and operate a system or systems of
5 common sewers for parts or the whole of its territory, as may be from time to time defined and
6 established by adoption by town meeting of I or more by-laws as a designated sewer district
7 under the jurisdiction and control of the board of sewer commissioners, with such capacity
8 limitations, connections, pumping stations, treatment plants and other works, as may be allocated
9 in the by-laws to the sewer district as required for a system or systems of sewage treatment and
10 disposal, and may construct, maintain and operate the sewers and related works in the sewer
11 districts defined and established by by-law as may be necessary. No other sewers shall be
12 constructed in any public ways in the town that are not within the limits of the designated sewer
13 districts and which are not under the control of the board of sewer commissioners and no other
14 sewers that are not within the limits of the designated sewer districts shall become part of or
I5 connected to any sewer, sewers, pumping stations or other works within the limits of the
16 designated sewer districts.
17 Section 2. The town, acting by and through its board of sewer commissioners, may make
18 and maintain in any way within sewer districts defined and established pursuant to section 1
19 where common sewers are laid out or constructed, the connecting sewers within the limits of the
20 way as may be necessary to connect any estate within the district that abuts upon a way within
21 the district.
22 SECTION 2. Said chapter 65 is hereby fiirther amended by striking out section 7 and
23 inserting in place thereof the following section:-
1 of 4
24 Section 7. The financial operations of the sewer system shall be an enterprise fund within
25 the meaning of section 53F'l2 of chapter 44 of the General Laws, except as modified herein, and
26 any expenditure from the fund shall be made only jointly upon authorization by the board of
27 sewer commissioners and the town manager as defined by chapter 34 of the acts of 1997, as
28 amended by chapter 421 of the acts of 1998 and chapter 330 of the acts of 2000. The town shall,
29 by vote at town meeting, determine whether it shall pay the whole or a portion of the cost of the
30 system or systems of sewerage and sewage disposal; provided, however, if the town determines
31 that it shall pay a portion, the town shall further determine what proportion it shall pay. If the
32 town votes to pay less than the whole cost, in providing for the payment of the remaining portion
33 of the cost of said system or systems, the town, acting through its board of sewer commissioners,
34 may avail itself of any or all the methods permitted by the General Laws, including provisions of
35 the General Laws relative to the assessment, apportionment, division, reassessment, abatement
36 and collection of sewer assessments or the additional methods set forth in section 17, and as to
37 liens therefor and to interest thereon, shall apply to assessments made pursuant to this act by the
38 board of sewer commissioners, except that interest shall be at the rate as may be established by
39 the board of sewer commissioners from time to time. At the same meeting at which town
40 meeting determines that any portion of the cost is to be borne by the town, the town meeting may
41 by vote determine by which methods the remaining portion of the cost shall be provided for. The
42 collector of taxes of the town shall certify the payment or payments of any assessment or
43 apportionments thereof to the board of sewer commissioners, who shall preserve a record �* ,
44 thereof.
45 SECTION 3. Said chapter 65 is hereby further amended by striking out section 9 and
46 inserting in place thereof the following section:-
47 Section 9. The revenues received by the fund described in section 7 from sewer
48 assessments, fees, charges, contributions from the town towards the costs of the sewer system as
49 described in section 7 and the like as receipts or revenues, shall be applied to the payment of
50 charges and expenses incident to the planning, permitting, design, construction, maintenance and
51 operation of the system or systems of sewerage and sewage disposal, or the extensions thereof, to
52 the payment of principal or interest upon bonds or notes issued for sewer purposes or to the
53 payment or redemption of the bonds or notes.
54 SECTION 4. Section 11 of said chapter 65 is hereby amended by inserting after the
55 words "signed by the board", in line 2, the following words:-with approval by the town
56 manager.
57 SECTION 5. Said chapter 65 is hereby further amended by striking out section 12 and
58 inserting in place thereof the following section:-
59 Section 12. The board of sewer commissioners may, from time to time, adopt and
60 prescribe rules and regulations for the means of connection of estates and buildings with sewers
2 of 4
61 and for inspection of the materials, construction, alteration and use of all connections entering to
62 the sewers, but not including the expansion of districts except as provided in sections 1 and 16,
63 and may prescribe penalties, not exceeding$300 per day, for each violation of any rule or
64 regulation so adopted or prescribed. The rules and regulations shall be available for public
65 review at the board of sewer commissioner's designated office during regular office hours. Any
66 changes, deletions, additions or revisions to the rules and regulations deemed necessary by the
67 board of sewer commissioners from time to time, shall take effect after a notice of change has
68 been published at least once a week for 2 successive weeks in a newspaper of general circulation
69 in the town. The notice of change shall detail where and when the revised rules and regulations
70 may be viewed by the general public.
71 SECTION 6. Section 14 of said chapter 65 is hereby repealed.
72 SECTION 7. Said chapter 65 is hereby Wrther amended by adding the following 3
73 sections:-
74 Section 16. Notwithstanding any general or special law to the contrary, owners of land
75 not within the sewer districts defined and established pursuant to section 1 shall not be permitted
76 to connect to the town's sewer system except as set forth in this act. The territory covered by the
77 sewer districts may be amended from time to time by the board of sewer commissioners, after a
78 public hearing conducted to consider the amendment,upon approval of the department of
79 environmental protection if otherwise required by law and upon enactment by town meeting of a
80 by-law defining or establishing a new or expanded sewer district; provided, however, if the board
81 of sewer commissioners votes not to amend the territory of any sewer district the amendment
82 may nevertheless be enacted in the form of a by-law upon a two-thirds majority vote of town
83 meeting.
84 Any by-law adopted pursuant to the authority granted to the town by this act may include
85 authorization to the board of sewer commissioners without a town meeting vote to add to the
86 sewer districts created pursuant to this act properties located within sewer needs areas as defined
87 by any comprehensive wastewater management plan as may be approved by the secretary of
88 energy and environmental affairs with any conditions and limitations with respect to the
89 authorization as the by-law may provide.
90 Section 17. The board of sewer commissioners may, in its discretion, prescribe for the
91 users of the sewer systems and disposal works annual charges, connection fees, assessments,
92 privilege fees and the like, based on the benefits derived therefrom as the board of sewer
93 commissioners may deem proper, subject to any by-laws as may be adopted by vote of the town,
94 or as may be provided for in the General Laws. Notwithstanding any law to the contrary, the
95 board of sewer commissioners may impose and collect the charges, fees or assessments prior to
96 connection or operation of the system of sewers and disposal works, and may enter into
97 agreements for the payment thereof over such a time as the board of sewer commissioners shall
3 of 4
98 determine. In fixing the charges to be imposed for said system, the board of sewer
{
99 commissioners may: make use of any fee, charge, assessment or betterment provided for by the
100 General Laws; take into consideration all costs for ongoing removal of infiltration and inflow of
101 non-wastewater into the system as part of the normal operating costs of the system; include, in
102 setting privilege fees, capital costs and interest charges applicable thereto; impose late fees for
103 unpaid billings; assess a capacity utilization fee to new estates and properties added to a sewer
104 district authorized by this act from outside a designated needs area in addition to any privilege
105 fee and; charge betterments, special assessments or any other charge to the estates and properties
106 being served by collection system improvements and extensions and disposal works to pay for all
107 costs for sewer line extensions to serve.
108 Section 18. Notwithstanding anything to the contrary contained herein, the board of
109 sewer commissioners may at any time permit extensions, new connections or increases in flow to
110 the sewer system, subject to capacity, to serve municipal buildings or public restrooms or other
III public service uses as defined by the town; provided, however, that the public service uses may
112 include,but shall not be limited to, affordable housing constructed pursuant to chapters 40B and
113 40R of the General Laws, without thereby creating any entitlement on the part of any person to
114 connect to the sewer system, subject to capacity and in order of application, may permit or if in
115 the public interest, may require, extensions, new connections or new flow to the sewer system
116 within the districts.
117 SECTION $. This act shall take effect upon its passage.
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