Swampscott defends tree vs. sewer policy

SWAMPSCOTT – If a town tree breaks through a sewer line, the property owner is responsible for paying to repair it, which doesn’t sit well with some residents.Department of Public Works Director Gino Cresta said the DPW bylaw clearly states repairs to the sewer lines are the responsibility of the homeowner. He said the property owner is responsible even if the roots of a shade tree planted by the town grow through the utility line between the main and the house, even if the problem is directly under a right of way.?It’s not easy telling the homeowner they are responsible for the repairs,” he said. “It’s probably one of my least favorite parts of this job.”Cresta admits a sewer line leading to the home of Rosemary Cotton, 129 Norfolk Ave., is in need of repair.Attorney William DiMento, who represents Cotton, pointed out the broken sewer line runs under a town owned right of way and the tree that damaged the line leading to Cotton’s house is on town owned property. Cresta does not dispute that, but DiMento said the town policy is unfair and penalizes property owners for something they have no control over.?The town cannot arbitrarily disclaim liability when town property damages someone else’s property,” he said. “It’s no different than a town truck running into a private automobile or a town fire engine running into your house. The town is liable if in fact a town tree on public way caused damage to this pipe and we have every reason to believe it was a tree.”Cresta said there are a handful of homeowners who find themselves in Cotton’s situation each year.?The problem is increasing,” he said. “Many of the older sewer lines are made of clay and the tree roots penetrate them causing breaks so we’re seeing an increase in the number of sewer lines that are damaged by tree roots.”According to Town Administrator Andrew Maylor, it is standard procedure in Massachusetts for communities to build lateral utility lines, along a public way. Property owners then connect to those lines.Cresta, who has been DPW director for five years, said the former Board of Public Works passed the DPW bylaws in the 1950s and the bylaws were updated in 1993. Cresta said he has enforced the bylaw consistently.?Every time there is a sewer break we have people question the DPW bylaw,” he said. “We have remained consistent and during my time here I don’t make any exceptions.”According to Maylor, the DPW bylaw has not been challenged in court, but that could change.DiMento said he plans on filing suit on behalf of his client if the sewer line was damaged by tree roots.