An expansion of Wareham Water District service to the County Road area of West Wareham has a few residents feeling like they're drowning in “betterment” fees.

Henry Pennington, a County Road resident, Victor Brier, owner of County Road Recycling, and Frank DeFelice of Maki Way have separately been assessed a total of more than $200,000 for land that contains two houses, a yard-waste recycling business, and cranberry bogs.

"Why should the taxpayer have to pay for something he's never going to use?" Brier asks. "I don't have a problem with paying the water betterment for one lot, because that's what I'm using. But to pay for 11 lots is ridiculous."

Water Superintendent Michael Martin is unapologetic. He defends the process used to determine how many betterment “units” each man’s land represented. And he says all three men failed to follow the proper procedure for challenging that determination when they had the opportunity to do so.

The dispute is likely headed for court. Pennington and Brier have hired a lawyer and are in the process of separately suing the Water Department. DeFelice, currently a candidate for the Board of Selectmen, says he is considering legal action of his own.

Construction of the $3.8 million water line extension was approved by Wareham Fire and Water District voters in 2006 and completed in the spring of 2009. The betterment fee was set in October 2009 at a rate of $9,142.28 per “unit” of land.

A unit is intended to represent a housing unit, a building lot, or land that may in the future become a building lot. Units are determined by Martin, who says he looks at assessors maps, other maps, aerial photos, and tax records -- and takes into consideration land that cannot be built upon, such as cranberry bogs and wetlands.

"A lot of time, effort, and judgment goes into this process," said Martin. "It's taken very seriously because I have to defend my position if it goes to court."

Because of the size of the property his recycling business sits on, Brier is being charged a betterment for 11 units, to the tune of roughly $100,000.

DeFelice was assessed at six units for a nearly $55,000 betterment. A surveyor indicated three years ago that he'd have to reconfigure the road on his property if he wanted to add another house lot to his five deeded lots. This, combined with the fact that there are cranberry bogs on part of the property, should be taken into consideration in the assessment of his betterment, DeFelice said.

Pennington's situation is a bit different. His property is currently tagged for agricultural use under Massachusetts General Law Chapter 61A. It cannot be built upon unless Pennington pays back taxes, as taxes are currently suspended until the land is taken out of 61A. He is being assessed for seven units, at nearly $64,000.

All three men have previously asked the Water Department to reconsider.

Pennington, whose land had a lapse in its 61A status in 2009 when the units were determined, applied for an abatement in 2010. It was rejected, Martin says, because betterments for 61A land can only be suspended (like the taxes) and not abated – and Pennington should have applied for a suspension instead of an abatement.

Brier and DeFelice applied for abatements, but were denied by the district's Board of Water Commissioners because, Martin said, they did not present adequate documentation to back up their requests.

Now that the betterments have been finalized, Martin says litigation is the only way the number of units can be decreased. "I'm confident that we'll prevail in court," he said.

Dennis J. Conry, attorney for Pennington and Briet, refused to comment, saying that he does not speak about pending litigation.