Mobile Home Park May Face Court Over Sewer

A Route 9 mobile home park with a failing septic system had five years to connect to the Westborough sewer system, town Director of Public Health Paul McNulty said.

The Wayside Mobile Home Park's five-year window closed May, McNulty told the board of health last Tuesday night.

The board said the Turnpike Park Cooperative Inc. at 165 Turnpike Road must have a signed sewer connection construction agreement for its July meeting.

If not, McNulty will be directed to seek court-ordered receivership for the park, to accomplish the job, the board told park President Paul Dorr and engineer Scott Charpentier.

“We’re going to need some sort of contract in the next two months, or else we’re going to take it out of your hands and put it in somebody else’s hands that can realize the urgency of the situation," Chairman Dr. Nathan Walsh said.

Dorr said the cooperative-run park has “made progress” on the sewer connection. The park has received a "signed proposal” from the contractor, he said.

“We’ve spent a lot of money and a lot of time putting this thing together," Dorr said.

“We’re right at the doorway now."

Moments earlier, McNulty said a Title 5 inspection of the site's septic system was done when the residents bought the park about five years ago.

McNulty granted the cooperative a five-year waiver, with conditions, to connect to Westborough's sewer system. The waiver expired May 6, “and they have not started construction," he said.

“In a normal situation like that, I would go to court,” McNulty said.

Charpentier said the residents hired his firm in late 2009.

"The first construction estimate was well over $1 million," he said.

Funding through a community development block program was explored, but is not feasible, Charpentier said.

Dorr said the residents would like a waiver until Nov. 15, 2014 to allow their contractor to complete the work.

McNulty outlined the board’s options: “do nothing and let them go, on the promise that they’re going to be starting things March 1”; ask him to go to court and request a court order have start for March 1; or go to court seeking receiver “appointed to take over the park and run it."

Park resident Fred Forte said that “I think there’s a serious financial risk of us being able to do the work."

The cooperative's bylaws require general membership approval for any unbudgeted expenses over $5,000.

“There is no budget for this year, so it can’t be in there,” he said.

Health board member Dr. Alan Ehrlich said that “from our point of view, this hookup needs to take place. And Mr. Dorr is presenting one option. If that is not financially feasible, it’s unclear to me what the alternatives are.”

Ehrlich proposed that Dorr take the matter back to the residents and get a signed contract, or risk receivership.

“I hear some voices here. I don’t know how representative this is of the coop," he said.

McNulty said that “the system is very old. I think it probably dates to the 1950s, when the park was first built. It’s not going to last forever. There could be a big failure next week.”

If that happens, the options would be to “either pump it out every day,” which would be expensive; or possibly a “temporary connection to the town sewer. But I know the DPW doesn’t like that,” he said. Under the original waiver ,“they have to connect to the sewer right away," he said.