HAMPDEN — In its capacity as the Board of Health, the Selectboard voted to order a Scantic Road resident to leave their property due to inadequate housing and a risk to public health.
At the board’s Dec. 23 meeting, Finn McCool, director of Eastern Hampden Shared Public Health Services, of which Hampden is a member, reported that he had received an email on Oct. 30 from Hampden employee Jane Budynkiewicz inquiring about whether someone can live in a “travel trailer” without potable water and with a generator as the only source of electricity. McCool said potable water is a requirement for adequate bathroom facilities.
From then until Dec. 2, McCool noted two vehicles at the Scantic Road property in question and said it seemed that someone was living there. After the United States Postal Service confirmed delivery of McCool’s notice of violation of state sanitary codes and local health codes on Dec. 11, he visited the property and spoke to one individual living there about the issues and that they represent a “strain on public health infrastructure” due to the possibility of incorrectly handled sewage, hypothermia from a lack of sufficient heat or a fire caused by improperly used heat sources. The person indicated that they wanted to appeal against the violation.
According to Hampden’s bylaws, the person has a right to an appeal. However, board member John Flynn said, “There aren’t many facts in dispute here. The bylaws are clear. The state laws are clear.”
Building Commissioner Wendel Hulbert said the property owner was also in violation of building codes. Select Board member Craig Rivest asked if a building permit had been pulled for the site. Hulbert relayed that the person had said they were planning to apply for a building permit. Like the health issues, the property owner said he would appeal the building code violations to the Zoning Board of Appeals. Both appeal hearings are scheduled for January.
Meanwhile, McCool told the board that it could order the trailer condemned and the person living there to vacate within 24 hours. While it is enforceable through the Police Department, the board ordered a $50 per day fine attached to a failure to vacate.
Turning to the water district project, consulting firm Tighe & Bond sought bids to complete the project. Of the three companies that responded, Ludlow-based Baltazar Contractors submitted the lowest bid at $2.8 million. The board voted to accept the bid.
A resident living in the future water district had several questions. He said his water has been tested for about 20 years to see if volatile organic compounds from the shuttered town dump had leeched into his well water. He had tested negative for VOCs, but more recently tested positive for Per- and polyfluoroalkyl substances, a class of chemicals that have been found to be harmful to humans at certain levels.
Rivest explained that the state Department of Environmental Protection is concerned with the presence of PFAS. MassDEP has told municipalities where PFAS have been found, such as Hampden, to “test and fix” the water, Rivest said. That is what the water district is designed to do.
The resident said he would be interested in hooking up to the water district, but said, “I hate being forced into it.” Rivest assured him the town cannot force anyone to connect to the water district, but it is in the “best interest” of residents because PFAS are known as “forever chemicals” because they do not break down and dissipate over time.
As an alternative to the water district, Rivest told the resident he could potentially sign a waiver releasing the town from liability. However, the person responded that they hold the town responsible for allowing “toxic waste” into the dump. Flynn said the dump mostly received construction materials, rather than toxic waste. He also said there have been PFAS positive test results in various areas of town, not just around the former dump.
Town Administrator Brian Domina said there are plans to host an informational meeting in January to answer resident questions about the water district.
