A Newington family's aging septic system is making life difficult. They say it needs constant repair and a dispute with a developer is making the situation worse.
Homeowner Frank Cocheo said one bonus of buying his 1930s-era house was an agreement the home's previous owners made with the developer of a neighboring subdivision. The agreement was an offer from the developer to connect city sewer and water lines to the property's foundation. The offer was available to anyone who purchased the house.
But six years later the line has yet to be connected. Meantime, Cocheo's underground septic system keeps breaking down.
"It's backing up, coming up through the surface and now we're getting raw sewage water puddling on our side lawn right next to our house," Cocheo said.
He said when it's warm outside the smell can be unbearable. However, Cocheo is paying a company more than $100 every few months to drain his septic system in order to keep the sewage from coming to the surface.
"That is adding up quickly," Cocheo said.
The Connecticut Onsite Wastewater Recycling Association said a normal septic system might need maintenance every two or three years. Cocheo said he cannot afford a new system. He argues he shouldn't have to buy one in the first place.
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"I've got legal documents. I have everything that it takes that says that he as a business, and he as a person was going to take care of this obligation," Cocheo said.
Griswoldville Associates, LLC built Sunrise Estates, the subdivision next to Cocheo's house. Patrick Snow was managing partner. Snow told NBC Connecticut the company is now out of business and he said the offer to connect the sewer to Cocheo's house was made before realizing a nearby hill would need to be blasted. Snow said he feels bad for Cocheo, but there's nothing he can do to help.
Cocheo said he cannot afford a lawyer to take the issue to court. However, he wrote to the Connecticut Attorney General. The office forwarded his complaint to the Department of Consumer Protection, which closed his case since there was no pattern of similar complaints.
But consumers can take steps to protect themselves when making comparable agreements. Attorney Elton Harvey of Baillie & Hershman P. C. Law Offices said that could mean requiring that money for the project be set aside once a deal is signed.
"A buyer is well-served by having a professional take a look at it and see if they can protect themself as best they can," Harvey said.
NBC Connecticut contacted the Department of Consumer Protection, which now considers the agreement to be a contract. The department says it plans to pursue the matter on behalf of Cocheo.
