Cemented sewer pipe shuts down diner

May 18, 2013

A dispute between neighbors over an unpaid bill has overflowed into public, and left a Wareham institution shut down since Monday, May 13.

The Mill Pond Diner shuttered its doors Monday, after the owner of the Old Company Store, John Assad, sealed the pipe that pumps sewage from the restaurant to a shared private septic system with cement.

With both sides steadfast in their stances, there doesn't seem to be a simple solution on the horizon.

"I called the Board of Health and reported him," said Mill Pond diner owner Lorrain Goyette. "This man has been nothing but a nightmare to me."

Goyette says that Assad wants a piece of her land, which she does not want to give up, and the dispute has been going back and forth in civil litigation since about six months after her husband, William "Biff" Goyette died in February 2011.

"He [Assad] claims that my husband agreed to give him $5,000 to hook into the sewer line...Which I know my husband would never have done," said Goyette.  "Now he's saying it's $20,000 and that I agreed to give him half my land."

John Assad did not respond to messages requesting comment left at both his home and business, but on Friday, May 17, his wife Sandy Assad was working in the store and explained the family's stance on the issue.

According to Assad, the diner's usage represents 75% of the system's total usage, and Goyette owes what Assad calls "a considerable amount" on the bill.

"We went to court, we sat down...and we said look, you have a balance due."

Assad said that she knew Goyette would be unable to pay the bill, so she was given the option of giving a parcel of land she owns -which sits between the Fearing Tavern and a bike shop owned by the Old Company Store- to Assad.

"Trade us that, and we will bring you up to date," Assad says Goyette was told. "All it would take is a little conversation, and there wouldn't be a problem."

Town officials say that the town has no official position on the matter as it is a private dispute.

"It's a private septic system..they took a joint venture to build a private system," said Waste Water Treatment Facility Director Guy Campinha.

Campinha, town administrator Derek Sullivan, town attorney Richard Bowen and Selectman Patrick Tropeaneau visited Assad this week but were unable to make any headway toward resolving the conflict.

According to Sullivan, the issue will not impact other sewer users.

"Right now we don't believe that what has occurred is effecting any other person or tie-in," said Sullivan.

While the town has no official position, Campinha says that although the dispute is a matter for a judge to resolve, the cementing of the pipe caused sewage to overflow into the parking lot.

"That's where it gets dicey," said Campinha. "Because of his actions, he created a potential environmental problem."

Wareham Health Agent Bob Ethier confirmed the sewer back up and said that a professional cleaning crew had been called in by Goyette to clean up the mess.

During a visit to the diner Friday afternoon, workers could be seen through the window cleaning the restaurant.

"They voluntarily closed the restaurant," said Ethier. "They have to destroy all the food."

Goyette says that the loss of inventory, as well as business, has been difficult to say the least.

"I'm not even going to make payroll this week," she said.

Assad says that she has sent multiple letters to both Goyette and Goyette's attorney over the past three years, but the issue remains unresolved.

"When it overflowed we said 'let's sit down and talk,' and instead she went to the town and made a big hullabaloo," Assad said.

Assad says that they don't want to put Goyette out of business, they simply want the bill paid.

"We will negotiate anything...It's never too late to talk."