Public health, public squabble in Cheshire

A Cheshire couple’s failing septic system has led to a neighborhood feud, complaints to municipal officials, town-enforced maintenance work and a pending court date

Susan Brown and her husband, Christopher Anderson, say their house on Route 21 is the family homestead, dating back to the time Brown’s grandmother lived there. To their neighbors, however, the property is the source of foul odors and health concerns resulting from their backyard
septic system

The roots from a tree growing in the backyard have broken a leachline, according to Brown’s father, William Brown Sr., who has been helping the couple make arrangements to have the soil tested and hired an engineer to design the leachline

“The septic has gotten to the point where it is out of control,” said Kevin Pollack, who lives nearby on Route 21. “Lots of small animals track it wherever they go.”

Neighbors in June took their complaints to Canandaigua Town Hall demanding action

“I was raising my voice and refusing to leave until something was done,” Kurt Thiel of Route 21 said of his visit to Town Hall. “If we called and complained, we were getting no action from the town, so if we didn’t put pressure on the town we wouldn’t get results. ... Who’s taking responsibility if our kids get sick?”

After complaints by Pollack, Thiel and other neighbors this spring, Canandaigua town officials took it upon themselves to pump out the septic tank on June 23. The $250 bill will be added to Brown and Anderson’s property taxes

The couple say they want to fix the septic system. The problem is money

“It’s overwhelming, and I’m trying to support my family,” said Brown, who has four children and works as many hours as she can get from a part-time job in retail at the J.C. Penney store in Canandaigua

Anderson is unable to work after having diagnosed with degenerative disk disease, she said

The town court has given the couple until July 29 to fix the problem. But after seeing little progress, the town is not holding out hope that deadline will be met. The possibility that the couple will not have solved the problem has led town officials to pursue a ruling from the state Supreme Court

“Town Court has limited jurisdiction,” said Canandaigua Town Attorney Derek Brocklebank during a recent Town Board meeting. He explained that while the town couldn’t force the family to evacuate, the state Supreme Court has the authority to do so. He recommended the town take the matter to Supreme Court

“The town has no other recourse but to remove the immediate public health threat,” said George Barden, the Canandaigua Lake Watershed inspector who has been working with the couple since he received a complaint of sewage water backing up onto the couple’s lawn this spring and sent notification of the violation to town Code Enforcement Officer David Le Clair

He said the town should keep the septic tanks pumped out, so nothing flows on the ground, but he warned that this was only a temporary solution. He also said pets need to be kept away from it.
Barden had suggested the town put up fencing to keep animals out of the sewage area, a measure that has been completed

Superintendent Sam Casella said the town will continue to regularly pump out the septic tank, and will continue to bill the couple. Don’t wait until it’s too late, find out more about water tanks Victoria.

Brown said the couple continues to pursue options, as does the town

“If things change, if they move forward (on the repairs to the septic), it will be taken into consideration,” said Casella. “All the town cares about is a properly operating septic system as soon as possible.”?