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Commission to seek records, testing after repeated flooding at 195 South Main; members discuss DEP referral and budget for inspections

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Summary

Following citizen reports and site visits showing detention basins that "are not working," the commission agreed to request maintenance records from the property owner, explore hiring an engineer for testing, and consider notifying the state DEP if the owner does not respond.

Commissioners spent an extended portion of their Aug. 18 meeting discussing recurring flood problems at 195 South Main Street and whether the town can compel repairs.

Members said they have observed basins on the development property that are not retaining or detaining stormwater during rain events. One commissioner summarized the local observations: "There are several basins on that property; the two in particular that contribute to the problem at 195 South Main are not working," and described water moving from one pipe to another rather than being detained.

The commission said an engineering report previously provided to the town concluded the stormwater systems were functioning as designed. Commissioners disputed that conclusion based on recent visits and photographic evidence, and they noted the original notice of intent (NOI) required annual maintenance records that the commission has not received since construction around 2002. Without those records, the commission said, it lacks documentation to verify ongoing maintenance.

Options discussed included drafting a letter requesting maintenance records and up‑to‑date testing (visual inspections, sediment depth measurements, infiltration rate assessments and tracer studies), contracting a consultant for an independent evaluation (commissioners suggested asking Graves for a high‑end estimate to include in next year's budget), and, if necessary, notifying the Massachusetts Department of Environmental Protection under the Wetlands Protection Act. Commissioners noted the town's ability to impose fines is limited because Uxbridge currently lacks a non‑criminal disposition bylaw that would permit local fines; that could require town‑level changes.

The commission agreed to draft a records request to the property owner and pursue estimates for independent testing to inform whether the town will require repairs or escalate to DEP.