Neighbors complain installer placed pump chamber on shared land; Charlton Board of Health urges negotiated fix

Neighbors at 59 Cranberry Meadows (Shaw Road) told the Charlton Board of Health on May 6 that a recently installed septic pump chamber and excavation work extended about four feet onto their property without their permission. The board confirmed an administrative cease-and-desist was in place for the project and urged the parties to pursue an orderly remediation.

What happened

Neighbors said a contractor working for the homeowner at 59 Cranberry Meadows installed a replacement pump chamber (a sealed pump/tight tank) in place of an old cesspool and that the new chamber, heavy equipment, gravel and landscaping work encroached onto the adjacent lot. Neighbors said they discovered the work through security-camera footage while away from the property and that they did not give permission.

The board heard these points from neighbors and contractors:

- Neighbor Kelly De Domenico said the installer "trespassed on your property" and that she and other trust representatives emphatically denied granting permission to workers who later put the tank about "4 feet" onto their land.

- The contractor/site representative, Sean McGrath, said the site was difficult (boulders and irregular conditions), that the engineer revised the plan after field issues, and that field changes were made with the construction stopped and the plan revised. He said the pump chamber replaced an old cesspool that had been present for years.

- Board staff said the installed pump chamber had been placed too close to the property line and that a recorded survey shows iron pins used to determine the line; staff acknowledged a discrepancy and said it was a matter the installer and homeowner must correct.

- Board staff also said the installer (Stevens Construction) did not have a valid installer's license at the moment the installation occurred; licensing status was discussed as a separate administrative matter.

Board response and options discussed

- The board confirmed there is an administrative cease-and-desist in place for the project from the health office while the matter is resolved.

- Board members and staff urged the parties to seek a practical resolution: either allow the original contractor to return under supervision to remove the pump chamber from the neighbor's property and restore the yard "better than it was" or allow a licensed installer chosen by the parties to perform remediation. Several board members noted that bringing in a second contractor would substantially increase cost and that the homeowner/installer had said it would be expensive to re-route plumbing to avoid on-site constraints.

- The board said it cannot force a civil remedy (such as monetary damages) and that trespass and restoration are civil matters. The board recommended supervised remediation as the fastest way to restore the neighbor’s property and remove the immediate safety and access concerns.

Neighbor requests and outstanding items

- Neighbors said they want the tank removed from their land and the property restored; they preferred a contractor other than the original installer if trust cannot be rebuilt.

- Neighbors asked the board to ensure the pump chamber and any excavation do not damage an existing septic on their side and requested an inspection of their septic lines.

- The parties discussed survey stakes and whether a stake was moved or removed; the board noted a recorded survey and iron pins, and asked the parties to rely on a formal survey to resolve the boundary location.

Quotes from the meeting

- "They rushed it... they just showed up," neighbor Kelly De Domenico said of the installation. "We did not give them permission."

- "The tank is on your property," a board member said after inspecting the situation in the office materials; staff confirmed a discrepancy of approximately four feet from the property line.

- "If you're willing to let them finish it, maybe this can... get what you want, which is your land restored back to the way it was," a board member said when discussing remediation options.

Next steps and status

- Board staff said the installation is currently under a cease-and-desist order while the parties pursue remediation or civil remedies.

- The board encouraged the neighbors and homeowner/installer to agree to a supervised remediation so that the tank is removed from the neighbor's land and the yard is restored. If the neighbors refuse permission for any contractor to re-enter, the board said it lacks authority to force entry and the parties will need to pursue civil remedies.

- Board staff will coordinate inspections of the septic and document damage to support whatever remediation or civil process the parties choose.