The Board of Health and Fire Chief Bob Mignard lost their patience during the past two weeks, with the relatives of recently deceased Margaret Kilpi, whose 15 Pond Road property has been in serious disrepair and is considered dangerous. Both sent the family letters on Aug. 13 that threaten financial sanctions if cleanup is not accomplished quickly, and the BOH has further threatened that the town will place a lien on the property.
BOH members and the fire chief are not the only town officials who are concerned about the hazards. Like the BOH, the Water Commission considers the property’s moldering vintage cars and truck, as well as drums of an unknown substance, to be a danger to the public water supply. Police Chief Ed Denmark believes the dilapidated house represents an “attractive nuisance”—a lure to children who might be tempted to play, and become injured, on the property.
The BOH has made repeated formal attempts since last spring to get the property cleaned up. However, even an order to correct that was issued in June has failed to get the family to deliver on promises to remedy the problem. So, the BOH decided at its July 28 meeting to send a letter to Kilpi’s daughter, Christine Higgins of Westford, requiring her to attend a hearing, and threatening the family with fines of $10 to $500 per day per infraction. Moreover, the letter says that a lien will be placed on the property if cleanup is not done by Aug. 25.
“Spills or discharge could result in categorization as a hazardous waste site,” the letter states.
The letter further tells the family that they are prohibited from selling or renting the property until the situation is resolved.
In April, the board sent a letter citing the deplorable conditions found by consulting sanitarian Ira Grossman of the Nashoba Associated Boards of Health in an inspection he conducted on April 13. Targeted for removal were gas containers, solvents, pesticides, herbicides, batteries, drums, and unregistered cars and boats. A Kilpi family member said that Clean Harbors would clean up the site.
Grossman told the board at its Aug. 11 meeting that Town Administrator Tim Bragan is working with Town Counsel Mark Lanza in case a lien on the property is needed to ensure that town costs are recovered.
Should the family continue to be unresponsive, said Grossman, Public Works Department head Rich Nota will do the cleanup, “depending on manpower.” In addition to cleanup, the cars, truck, and boats have to be secured, towed, and stored. Town Counsel Mark Lanza’s legal expenses will have to be reimbursed by the Kilpi family.
At the Aug. 11 meeting, Mignard presented a letter that he plans to send to the family that cites fire code violations. It itemizes the abandoned property outside the home, and refers to combustible materials (paper and clothes) inside as “a menace to public safety.” Mignard cites specific fire regulations, and lists code violations to proper access, the obstruction of egress, and the storage of combustibles. The letter demands cleanup and response from the family within 10 days. If the family does not respond, “monetary sanctions can be levied.”
“I can give them 24 hours, can go ahead and clean it up, and charge them,” said Mignard, “but that is the big hammer at the bottom of the toolbox.” His preference is a coordinated effort among town officials to compel the family to follow regulations. He noted the presence of asbestos shingles, and said that cleanup of such material is out of his jurisdiction.
On an afternoon visit to the property on Aug. 11, it was clear that nature has laid increasing claim to the property. Overgrown vines covered some of the yard’s contents, which still included evidence of December’s ice storm. Rusting carcasses of once-used vehicles laid beneath tattered wraps. A trailered sailboat beginning to be overtaken by vines had an upended canoe on top. Crumbling wire fencing leaned up against the house next to the back door.
