The following is quoted from The Falmouth Enterprise published on 4/10/26, pages 1 & 13, entitled, “Falmouth Town Meeting Wraps With Key Votes On Budget And Bylaws”. The section below is on page 13 and refers to Article 20 regarding restricting the discharge of water and other liquids onto streets and sidewalks which we mentioned in our email to members on 4/5/26. It “passed by a narrow margin, with 94 members voting in favor and 91 opposed”.
Night Two
Tuesday night brought discussion of several proposed changes to the town code, two of which generated extended debate. One of the most closely contested articles was Article 20, brought forward by the Department of Public Works, which adopts language restricting the discharge of water and other liquids onto streets and sidewalks when such discharge could create problems.
Director of Public Works Peter M. McConarty told Town Meeting members that the change was intended to discourage discharges that could cause “nuisance and safety hazards.” He explained that when liquids, such as water from sump pumps, flow onto sidewalks or roadways, they can freeze during the winter months and contribute to vehicles hydroplaning.
McConarty emphasized that the proposal was not meant to target minor issues such as lawn sprinklers, but rather more substantial discharges that could persist for hours or days and create safety risks. The article establishes fines of up to $300 for each violation.
The proposal faced opposition from some residents who said they are pumping water out of their basements onto the streets because of flooding they believe is linked to previous town sewer projects and feared they could face financial penalties under the bylaw.
Jacquelyn Jurga, a resident of Elysian Avenue, described continuing water intrusion in her basement after the excavation of her street for sewer installation.
“Prior to this work, I’ve never experienced any flooding issues,” Jurga said from the balcony of the Lawrence School auditorium, noting she has owned her home for more than 40 years. “After consulting with both my plumber and engineer, they confirm there were no prior basement water issues and changes to the groundwater flow caused by disruption from [the sewer installation] are likely the source of the problem.”
Jurga said she has reached out to the town numerous times but has not received a response. McConarty disputed that claim, saying site reports and well testing had been sent to homeowners who contacted the town with concerns.
“I am deeply concerned that Article 20, as it is written, will penalize me for addressing a problem that, in my mind and my expert’s opinions, was caused by the town’s work,” Jurga said.
McConarty said the town would not seek to impose penalties on homeowners dealing with those types of situations immediately and would continue working with affected residents to address the issues.
Precinct 2 Town Meeting member and Water Quality Committee chairman Stephen D. Rafferty suggested that, in some cases, groundwater problems could be related to sea-level rise rather than sewer construction.
“I am not saying everything we are hearing about people having trouble with water in their homes is due to sea level rise,” Rafferty said. “But if anyone is at the bottom of our peninsula and is experiencing issues with groundwater in their basement, particularly the closer they are to the ocean, it is not likely the cause of the sewer.”
Several Town Meeting members suggested that an amendment could be drafted to balance the Department of Public Works’ desire to protect public safety and town infrastructure with protections for residents who believe they are dealing with flooding related to town projects. No written amendment was submitted to the moderator and the article passed by a narrow margin, with 94 members voting in favor and 91 opposed.