LWSC taking resident to task over fence

LYNN – Water and Sewer commissioners voted this week to prosecute a Den Quarry Road homeowner who, they claim, is blocking maintenance workers’ access to a crucial culvert.They claim Patrick Barr erected a section of chain link fence across the culvert next to his 38 Den Quarry Road home that impedes Water and Sewer workers’ efforts to clean one of the culvert grates.The culvert drains water through low-lying neighborhoods off Lynnfield Street that are prone to flooding in heavy rain. Water and Sewer employee Anthony Capano said the culvert grates, including the one near Barr’s home, must be cleared of debris periodically to keep water flowing freely.Capano said workers must hold precariously onto the fence with one hand while using the other to fish debris out of the grate.”Someone’s going to get hurt eventually,” he said.Barr said he has complained for several years about Water and Sewer workers coming onto his property to clean the culvert. He said they damaged his lawn with rock salt and a piece of heavy equipment and left culvert debris piled on his property.He put up the fence section on his property to keep his two young children from falling into the culvert and to reduce his potential homeowner liability.”On my deed it says the property line is the halfway point in the culvert,” he said.Water and Sewer officials acknowledged Barr’s complaints about workers leaving debris pulled from the grate piled next to the culvert but they said he rejected requests to relocate the fence to provide easier and safer access to the grate.”This fence is a hazard purely put up in spite,” said Commissioner Wayne Lozzi.Lozzi lives in the same neighborhood as Barr and said Barr has ignored “three stern warnings” to provide access to the culvert. Water and Sewer attorney Samuel Vitali told commissioners Monday they can fine and criminally prosecute Barr or shut off his water.”We have a right to go on his land by virtue of him being a customer and us providing a service to him,” Vitali said, adding, “Remedies have been described to Mr. Barr. He can have a fence but just push it back a foot or two.”Barr complained he is being “singled out” for court action by Water and Sewer and said workers can reach the culvert from the sidewalk or through his neighbor’s yard. He is willing to meet with commission officials to talk about the culvert problem.”I’m not trying to be unreasonable,” he said.A District Court clerk magistrate will review Water and Sewer’s complaint against Barr and decide if a criminal complaint should be issued against him. If a complaint is issued, he will be summonsed into court.