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Council’s public-works committee approves amendments allowing 2318 Bay Street to tie into Norton water and Taunton sewer — contingent on owner indemnity
Summary
The law department and public-works committee approved two amendments to 2001 water and wastewater agreements with Norton to allow a commercial connection at 2318 Bay Street, contingent on an agreement requiring the property owner to indemnify the city for any related costs.
The Taunton Committee on Public Works voted March 25 to approve two amendments to 2001 intermunicipal agreements with the town of Norton to allow a proposed commercial development at 2318 Bay Street to connect to Norton-supplied water and to Taunton-transported wastewater, subject to the property owner agreeing to indemnify Taunton for any costs that result from the connection.
City Solicitor Matthew J. Costa outlined the background: original February 2001 agreements (the First Amendment to the Water Protocol and a companion wastewater IMA) had governed water and sewer service in the Bay Street corridor, including gravity sewer that flows toward Norton and a pump station that conveys wastewater back to Taunton for treatment. Norton historically provided water to several Taunton parcels on Bay Street under that protocol; the developer of 2318 Bay Street sought to tie into that system.
Costa said the proposed amendments allow 2318 Bay Street to tie in provided the owner complies with Norton’s rules and regulations and with construction and inspection requirements. If the water main or Norton system needs upgrades, the owner will be responsible for addressing deficiencies; Taunton may perform work and then recover costs from the property owner. Costa said the amendments are “pretty simple” and allocate responsibility so that the owner bears costs tied to their connection.
Questions from councilors focused on protecting the city from unexpected upgrade costs. Councilor Sanders asked whether Taunton has a pre-existing agreement ensuring the owner will reimburse the city for upgrades; Costa replied the city would not proceed with any work that would leave Taunton bearing uncompensated costs and said the law department could prepare a side agreement that indemnifies the city. Commissioner Mike Bridal noted the amendment increases the total properties covered by the agreement from seven to eight.
The committee approved the two draft amendments on a motion “contingent upon the city of Taunton and the property owner entering into an agreement that indemnifies the city from any costs associated with this project.” The motion passed by voice vote.
Why it matters: The amendments clear a legal obstacle so the developer can connect to water and sewer infrastructure; the committee explicitly required a binding indemnity from the property owner to protect the city if upgrades or remediation are necessary.
