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Easement request for new sewer test site turned down



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January 12, 2011 | 08:50 AM
Lyons — The Town Board turned down a request for an easement for a new sanitary sewer-testing site on Monday.

The request came to the board by way of Doug Day, president of the Country Estates Sanitary District Commission.

The easement was a necessary step to move the testing site from the middle of Church Street off the roadway about 8 feet west and south to a right- of-way between North and South Railroad Streets.

Location of a new testing site is part of the agreement between the Lyons Sanitary District and the Country Estates Sanitary District that led to construction of the new sewage treatment plant by the Lyons district.

Both districts are financing the construction.

Although separate districts, Country Estates and the Lyons district have used the same treatment plant, built on and run by the Lyons Sanitary District.

Relations between the districts have, at times, been adversarial.

Day first brought the request to the town of Lyons Plan Commission last week.

Although he was formally making the request for the easement, Day made it clear to the plan commissioners that he didn't think the easement would work.

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The new testing site would have been partly on town right -of-way.

However, the proposed testing site would also need an easement from the White River Trail, and state officials have said that they will not approve that, Day told the plan commission.

Day said part of the problem is that the new testing site would need some aboveground features; power would also have to be run to the testing site.

The state Department of Natural Resources doesn't want aboveground structures or power lines near a public recreation trail where people bicycle and snowmobile, Day said.

"The DNR said no, it can't be built," said Day.

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Day said he brought the request to the town to show the Lyons district that Country Estates was performing due diligence in seeking the easement.

At the Town Board meeting Monday, representatives of the Lyons Sanitary District, including Lyons Sanitary District Superintendent Robert Biedrzycki, showed up.

Biedrzycki said the Lyons district asked for the testing site to be moved, first, for safety.

The test site is in the middle of Church Street.

Lyons district officials also believe the tests that could be done at the new site would be more accurate and up-to-date than those done at the Church Street site.

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"It's in our contract that a sampling station be built," Biedrzycki said.

Town Board Chairman William Mangold and Town Board Supervisor Bill Henningfield told the Lyons Sanitary District representatives that it was their understanding that the state would not approve the easement, making the town's approval pointless.

Day said that the sanitary districts may have to renegotiate that portion of the contract.

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