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Minutes
Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
APPROVED JUNE 2, 2011
Attendance: Board Members – Member; Jim Osten, Member; Loren Wood, Chair
Staff: Rob Addelson, Assistant Town Manager for Finance; Erik Gitschier,
Water/Sewer Superintendent; Elizabeth Tucker and Robin Fullford,
Water/Sewer Enterprise
Dennis Meehan; Consultant
Chair Loren Wood called the meeting to order at 4:35 pm.
The order of business was conducted as follows:
Abatement requests for consideration:
DOMESTIC LEAKS
300 Bedford Street - APPROVED
The homeowner applied for an abatement on bill #670443 because it was unusually high.
The homeowner is elderly and handicapped and was unable to get out because of all the
snow this winter. She asked for leniency on the timing. Staff detected a leaking toilet and
the customer had the toilet replaced (the invoice is on file). After establishing a 3 year
average usage of 14 hcf, staff recalculated the entire usage of 92 hcf at the tier one rate.
Staff recommends an abatement in the amount of ($352.08).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation as presented.
8 Bellflower Street - APPROVED
The homeowner applied for abatement on bill #670221. Staff detected toilets at high
level. Staff established a 3 year average usage of 15 hcf. However, because the usage in
question is 28 hcf and was all billed at the tier one rate, there is no basis for an abatement.
Staff recommends denial of this abatement application.
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation as presented.
16 Dee Street - APPROVED
The homeowner applied for abatement after receiving the fall bill #665870. The
homeowner states they discovered a toilet that had run for several days while they were
away. After establishing a 3 year average usage of 44 hcf, staff recalculated the excess
usage at the tier one rate. Staff recommends an abatement in the amount of ($307.16).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation as presented.
8 Hadley Road - APPROVED
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Minutes
Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
The homeowner applied for an abatement on bill #670987 due to high usage. Staff visited
on 1/24/11 and found two toilets with high water levels and one with a leak. The board
rejected the original calculation requesting that bill #657436 also be recalculated as it is
evident the leak started during that billing period. By establishing a three year average
fall usage of 36 hcf, the entire usage of 99 on bill #670987 was recalculated at the tier
one rate. By establishing an average spring usage of 49, the excess usage of 22 hcf on bill
#657436 was recalculated at tier one rates. Staff recommends a total abatement in the
amount of ($633.28).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation as presented.
9 Hancock Avenue - APPROVED
The homeowner applied for an abatement after receiving bill #666643. Staff detected a
leaking toilet and adjusted high level on all five toilets. After establishing a 3 year
average usage of 22 hcf, we recalculated the entire usage of 51 hcf at the tier one rate.
Staff recommends an abatement in the amount of ($56.76).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation with a slight modification in the narrative.
3 Juniper Place - APPROVED
The homeowner applied for abatement after receiving fall bill #668107. Staff detected
and adjusted two leaking toilets. After establishing a 3 year average usage of 43 hcf, we
recalculated the excessive usage of 93 hcf at the tier one rate. Staff recommends an
abatement in the amount of ($870.76).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation as presented.
9 Pearl Street - APPROVED
The homeowner applied for an abatement after receiving bill #661336 dated 9/22/2010.
Staff detected a leaking toilet, adjusted high level on all five toilets and shut one off until
repaired. After establishing a 3 year average usage of 38 hcf, staff recalculated the entire
usage of 79 hcf at the tier one rate. Staff recommends a leak-based abatement in the
amount of ($201.24).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
Staff’s recommendation as presented.
8 Myrna Road - APPROVED
The homeowner applied for an abatement of bill #668691 for excessive usage due to a
leak in their dishwasher. It is apparent the leaked water did not enter the sewer system.
The homeowner supplied a service order from Sears that indicates the dishwasher was
leaking and a webpage receipt for the purchase of a new dishwasher. Based on an average
usage of 59 hcf, the overage of 33 is being charged at the tier one rate, water only. Staff
recommends an abatement in the amount of ($447.19).
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Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
23 Peachtree Road – HELD
The homeowner applied for an abatement on bill #661683 dated 11/16/10. In October,
staff contacted the homeowner and made her aware of high usage and a potential leak.
Staff visited on 10/1/10 and discovered 3 toilets malfunctioning and could hear water
running but were unable to locate the source. The homeowner hired professionals who
found and fixed an extensive leak under the slab, rerouted the piping, and repaired three
toilets. This calculation assumes the leaked water did not enter the sewer system. This
calculation further takes into account the fact that the last three bills were extraordinarily
high and they are all adjusted by charging tier one rates for water used in excess of the
averages. However, staff identified a calculation error and this application was withdrawn
for further review.
137 Shade Street – APPROVED
The homeowner applied for an abatement on bill #671960 for excessive usage due to a
toilet leak. A plumber’s bill for repair has been provided. The customer took possession
of the property on 7/28/09 so little history exists. There is a separate meter for irrigation.
The partial billing on 10/19/2009 was changed to 29 hcf by multiplying the Average
Daily Usage times 180 days and the average billing was established at 48 hcf. 74-48 = 26
hcf to be billed at tier one rates. Staff recommends an abatement in the amount of
($134.15).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
IRRIGATION LEAKS
9 Pearl Street - APPROVED
The homeowner applied for an abatement on his irrigation account after receiving bill
#661337. Staff confirmed the meter reading to be correct at 0965 on 1/10/2011. In the
absence of evidence of a leak or other qualifying event, staff recommends no abatement
at this time.
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
IRRIGATION THROUGH DOMESTIC METERS
4 Bates Road – APPROVED
The homeowner applied for an abatement on bill #669785 due to excessive irrigation
usage. Staff recalculated 70% of the excess of 12 hcf (8 hcf) at tier one rate resulting in
an abatement recommendation of ($63.92).
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Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
503 Concord Avenue – APPROVED
The owner applied for an abatement of bill #673151 for excessive usage due to extensive
outside watering. The customer understands this is a one time opportunity for an
abatement on domestic water used for irrigation. Based on a 3 year average usage of 62
HCF for the same billing period, 70% of the excess (72 hcf) was recalculated at the
irrigation rate. Staff recommends an abatement in the amount of ($313.00).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
22 Dane Road – APPROVED
The homeowner applied for an abatement on bill #665185 due to excessive irrigation on a
new lawn. Staff verified the meter reading on 10/15/10. The three year average for this
billing period is 37 hcf. 70% of the excess usage of 71 (50) was recalculated at the
irrigation rate, no sewer. Staff recommends an abatement in the amount of ($594.94).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
63 Freemont Street – APPROVED
The homeowner applied for an abatement on bill #670213 due to excessive irrigation
usage. The homeowner intends to install an irrigation meter and understands this is a one
time abatement opportunity. Staff recalculated with 70% of the excess of 163 hcf (114
hcf) at the irrigation rate resulting in an abatement recommendation of ($1,706.58).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
28 Shade Street - APPROVED
The homeowner applied for an abatement on bill #671913 due to excessive irrigation
usage on new plantings. Recalculating 70% of the excess of 99 hcf (69 hcf) at the
irrigation rate results in an abatement recommendation of ($879.37). The homeowner
understands this is a one time abatement opportunity.
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
BILLING ISSUES
17 Boulder Road – APPROVED
This abatement was brought forward by the owner because the property is on the freeze
up list but the freeze up adjustment was not applied to the Spring 2010 bill. On 2/14/11
BOS approved an abatement of ($845.12) and the abatement was posted to the account.
However an error was discovered in the calculation and staff recommends further abating
($219.68).
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Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
7 Blossomcrest Road – APPROVED
This previously approved application was brought back by staff with a recalculation. It
was discovered during a site visit that the domestic and irrigation meters were reversed
resulting in incorrect billing of both accounts. By applying the water/sewer rate to this
domestic usage, a positive adjustment in the amount of $265.01 results. Coupled with the
irrigation abatement of ($336.92), a net abatement of ($71.91) results. Because this
reversal was the Town's error and because the homeowner continued to pay his bills in
good faith, we have only recalculated the most recent bill.
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
319 Woburn Street – HELD
2142 Massachusetts Avenue – APPROVED
This account was affected by the water main renewal project at Audubon Street. During
most of October 2010, the house was fed through a temporary line and the meter might
have gone backwards. Mike Flamang with engineering states "clearly something
happened to the meter and should be adjusted." By recalculating bill #669126 at the 3
year average usage of 39, staff recommends an abatement in the amount of ($2,513.28).
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
6 Maureen Road – APPROVED
The homeowner applied for an abatement on bill #667747 after realizing they had not
been billed in the spring of 2010 and believing their fall 2010 bill was for a years worth
of usage. Staff confirmed that the spring reading yielded no usage and the account was
appropriately not billed. In the absence of proof of a leak or other mitigating
circumstances, there is no basis for an abatement. Staff recommends this application be
denied.
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept
staff’s recommendation as presented.
REDISTRIBUTION
7 Fairfield Drive – This application will be presented at the next meeting
42 Maple Street – HELD
2 Nowers Road - HELD
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Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
APPEALS
9 Independence
Time: 6:00 PM
Location: 9 Independence Avenue
Owner: Charles Cassell, Jr.
Abatement approved: ($1,886.17)
This account was erroneously billed a final bill on 7/31/2007. The account was placed in
“Pending” status and was never placed back into “Active” status until it was discovered
in the fall of 2010. This resulted in a ‘catch up” fall billing for 231 hcf in the amount of
$4,070.03 for which Mr. Cassell applied for an abatement.
The WSAB approved a recommended abatement in the amount of $1,886.17. Upon
receiving his 15 day letter, Mr. Cassell called and stated his dissatisfaction with the
redistribution methodology. He contended that the error was made by the Town and that
he did not realize he was no longer receiving semi-annual water/sewer bills. Mr. Cassell
asked the board to consider only going back one billing period which would result in an
abatement of ($3,606.83). He stated he had no knowledge he was not receiving a
water/sewer bill, did not receive second notices, and he continued to receive water. He
stated he had no reason to think someone would stop billing him.
Mr. Wood explained that the WSAB follows policy and procedure as approved by the
Board of Selectmen (BOS) and Mr. Cassell would have to appeal to the BOS to deviate
from those policies and procedures. Mr. Cassell stated he was not responsible to notify
the Water Department that he was no longer receiving a bill and he wants to be treated
like other homeowners in similar circumstances. He said there was an inference that he
should have known he was not being billed and he thinks there is a character issue being
alluded to. He was assured that that was not the case.
It was agreed that staff will gather information regarding the handling of similar cases for
distribution and review before the next meeting. At that time, this case will be discussed
further with Mr. Cassell.
It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to
adjourn the meeting at 6:43 pm.
Respectfully submitted,
Robin Fullford
Fund Manager
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Minutes
Lexington Water and Sewer Abatement Board
201 Bedford Street
Lexington, MA 02420
March 17, 2011
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17 2011.doc