Residents press Avon WPCA for Stony Corners sewer update as counsel explains special-benefit assessments

Residents of Stony Corners asked the Avon Water Pollution Control Authority on July 9 whether the planned Stony Corners sewer extension would move forward and how costs might be assessed. Chairperson Chris Roy said there was no new information at the meeting.

Ann Catino, Esq., of Halloran & Sage, LLC, told the Authority that case law treats a "special benefit" to properties served by a new sewer as the increase in market value caused by the sewer. "There is an implicit presumption that there is a benefit to all these homeowners from the presence of the sewer whether or not they hook up to it," Catino said, and explained that the increment is typically measured by an appraiser comparing values with and without the sewer. Catino said municipalities or WPCAs may levy a special benefit charge based on that appraisal increment.

Members discussed the mechanics of that assessment. Chairperson Chris Roy said he had understood assessments as a pro rata division of project cost across benefiting properties, and raised concern about variability in appraisal results. Vice-Chair Pam Monroe said her appraiser had told her he expected no increase in value in some cases; Catino responded that case law has generally found a financial benefit when properly measured by appraisal. The Authority did not take a vote on the sewer extension at the July meeting and offered no revised timeline.