WESTFIELD – The Water Commission decided not to grant a waiver from a Union Street condo association seeking a waiver from the board’s policy regarding private wells on residential property served by city water.
The commission established the policy of prohibiting residents from having both city water and private wells to prevent cross-connections where the well water, of untested quality, could back flow into the city’s water distribution system.
The Union Park Condos Association residents had obtained a well permit from the Health Department and were already in the process of installing an artesian well, to provide water for lawn irrigation, when the Water Resource Department issued a cease and desist order.
Residents filed an appeal with the Water Commission at the board’s July 14, 2015 session where they were represented by Dave Costello of the Connecticut Valley Artesian Well Company, Inc..
Costello said the company works in 200 communities in both Massachusetts and Connecticut, but that only Easthampton and Westfield have policies prohibiting both city water and wells on residential property.
The residents are seeking to install the well for lawn irrigation because of the cost of using city water for that purpose and the fact that the facility does not have a separate water meter for outdoor water usage.
The residents filed that policy waiver appeal seeking to complete installation of the well.
The resident did argue that the condo property is a commercial property and should not be subject to the policy prohibiting access to both city water and a private well. The board however pointed out, that for tax purposes, the owner of each condo unit is assess a tax bill based upon residential rates and not at the commercial, industrial or personal property (CIP) rate which is double the residential rate.
Commissioner Michael Burns Sr., said that he was opposed to allowing the waiver.
“My concern is the safety of other people who entrust us with keeping their water safe,” Burns said. “I’m not going to change my mind. My job on this board is to protect the water supply in this city.”
Commission Chairman Ronald Cole said the department has “had incidences in the past where we found cross connections that were unmonitored. We’re here as the governing body to protect the public water supply.”
Cole asked for a consensus of the board because it would only vote to allow the waiver and that no vote was needed to keep the policy in place. None of the three-member board supported granting the waiver.
The board rejection of the waiver appeal led to demands for the laws empowering the commission to make the policy and a request for formal notification.
Cole responded that the Water Resource Department could provide the legal documentation authorizing the board to take appropriate steps to protect the city’s water system and that the groups’ attorney could file a formal request, under the Freedom of Information Act, for minutes of the meeting.
