Charlton conservation commission to inspect property after resident reports years of runoff eroding road and flooding land

Richard Banick, a Charlton resident, told the Town of Charlton Conservation Commission that persistent runoff from a pipe at a neighboring property on Old Spencer Road has eroded the roadway and flooded roughly two acres of his land.

"I'm not exaggerating when I say millions of gallons of water over the years," Banick said, describing a pipe and a roughly 2-foot-wide trench that he said channels water from the neighboring parcel down to the road and into a covered culvert that discharges toward Lamb's Pond.

The commission's conservation staff previously notified the property owner in a July 9, 2021 letter that the discharge violated the town's stormwater rules. At the April meeting, staff said the pipe had been shortened but that a swale (trench) on the property was still directing water onto the road, creating erosion and safety concerns.

Rose (last name not specified), a conservation staff member, told the commission she would send a follow-up letter to the property owner acknowledging the shortened pipe but noting the swale continues to route runoff onto the roadway. "He is in violation of stormwater rules and regulations," Rose said, and she said the letter would ask for permission to assess the property and give the owner 14 days to respond. If the owner does not respond, staff said they would proceed under the town's enforcement procedures and could begin assessing fines.

Commission members voted to authorize two or three commissioners to visit the parcel to assess the situation and to direct staff to send the letter. The motion passed with a voice vote; the transcript records the motion and a second and an "Aye" vote, but does not list individual commissioners' roll-call votes.

At the meeting Banick described additional concerns: he said the trench was at least 100 feet long and 18–24 inches deep, that the pipe is a landscape 4-inch PVC, and that at times he smelled what he described as gray or sewer water in the discharge. He also said some runoff may originate uphill in the adjacent town of Spencer, and that town-line drainage could be contributing to the volume reaching the subject property.

Staff told the commission that the town's July 2021 letter warned the property owner the town could seek injunctive relief and levy fines under town code (the letter referenced Chapter 4.1(b) and the town's stormwater bylaw). At the April meeting staff said they would give the owner 14 days to respond and would follow up with another enforcement letter and potential fines if there is no response.

The commission did not adopt a specific remediation plan at the meeting; staff recommended that the property owner engage an engineer or other professional to propose a solution that keeps stormwater on the parcel. Commissioners discussed possible fixes mentioned by speakers, such as a dry well, retention area or dispersal stone, but emphasized the commission cannot require a specific engineering solution from the dais.

Next steps: staff will send the written notice, request permission to assess the property, and report back to the Conservation Commission after the site visit or if the owner fails to respond within the 14-day window.