catch basins

Started by AS4 • 4 replies • 1293 views

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AS4 (Massachusetts)
Posts: 13

Posted:

Is there a regulation in Massachusets that requires a developer to completly enclose a catch basin & stabilize land against erosion? If there is what leverage do condo owners have prior to transition be sure it gets done.

Also, the recreation room has radiant heating and during the winter the piping froze. How can the homeowners get the developer to address the problem before turnover?

There is a fear that the developer will walk away, and leave the homeowners with serious problems such as this and more!

Grateful for any advice you can lend,,,,,especiall if you are familiar with Mass law.

MicheleD (Kentucky)
Posts: 4,491

Posted:

No, sorry. Don't know Mass laws.

However, could the developer possibly have to go through a local municipality inspection before the bonds are released and turnover for parcels like the catch basin can occur?

That's the way it is here in Kentucky.

If the retention basin doesn't pass "inspection," then the developer has to bring it up to code before they will allow him to release it and before the bond can be released.

Check with your county attorney's office. Or Borrough Attorney? What does Massachusetts have for counties?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Is there a regulation in Massachusets that requires a developer to completly enclose a catch basin & stabilize land against erosion?

Call your local (city/town/etc) code enforcement officer. He will tell you if it meets minimum code or not. But beware, if you bring your property to his attention, it DOES NOT meet code, and then the developer bails out, you will be responsible for bringing it up to code.

Quote:

Also, the recreation room has radiant heating and during the winter the piping froze. How can the homeowners get the developer to address the problem before turnover?

You could ask him to repair it. If he refuses, you could have a lawyer write up a letter asking him to fix it or face litigation for construction defects.

AS4 (Massachusetts)
Posts: 13

Posted:

Thank you Michele D. We have town planning office & Board of Selectmen. A representative of the Planning Committee came out and looked at the basin and said it was okay. However, I believe they need to indicate what their review was based on as well as what that representative's qualifications are. I also was wondering if the Environmental Protection Agency procedures would have to come into play somewhere in this matter.

BonnieE (Illinois)
Posts: 338

Posted:

Hi AS4-

If you think there may be environmental regs or procedures to be met, then I suggest you could check with your state environmental agency:

http://www.mass.gov/dep/

617-292-5500

Just out of curiosity, why do you think that EPA procedures may come into this?
-Bonnie

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