‘It’s gonna cost us money to save money’: Home's FEMA law violation could cost 29 Belmont residents their flood insurance

BELMONT — The fate of 29 residents’ flood insurance hinges on response to a FEMA law violation at a home on Gardners Grove Road, and the selectboard is considering taking the homeowner to court to avoid the insurance cancellation, and potential loss of federal funds.

The issue, which was discussed at the Wednesday selectboard meeting, has been a thorn in the side of the town for over a year.

“It’s gonna cost us money to save money. A lot of money,” said former police Chief Mark Lewandoski, who attended a meeting with representatives from FEMA, Town Planner Karen Santoro, Town Administrator Alicia Jipson, and Glenn Caron, code enforcement officer, on July 13. “By taking him to court and he wins, then there’s no probation, there’s no cancellations. We retain all our [federal] funding. His home just gets designated, basically red-flagged, that it can no longer have flood insurance. Only his home.”

The insurance suspension hinges on the property owner’s response to letters sent by town staff, of which he was just recently made aware.

“He, in speaking with them, said, ‘Yeah, I saw your letters, but I never opened my mail,’” Jipson said. “He would like 30 days to review all of the information, since he hasn’t been opening his mail, and also forward the information to his lawyer for review.”

The letters detailed a request to bring the property up to code by moving mechanical equipment upstairs, and installing breakout flood panels in the basement and garage.

“They want everything in the basement moved upstairs to the first floor, and want the basement filled in,” Lewandoski said.

The homeowner could choose full remediation, partial remediation, or do nothing at all. FEMA representatives are pushing town leaders to take a stance on the violation of the law, and Belmont leaders were hesitant of a hefty legal bill. The options need to be weighed, Lewandoski said, and going to court to lose is actually a big win.

“The caveat here is we win, basically, because 29 people get to keep their flood insurance, and we get to keep the FEMA money and disaster money we may accumulate through snow, microbursts, tornadoes, whatever. We get to keep that,” he said. “However, we’re going to get a hefty lawyer bill. We’re gonna have to bring this to court, file, go in, try it, lose it, and then be gone with it.”

After 30 days, the board will have a better plan.

“Let’s just say he does nothing. As Mark can attest, we really have no choice but to take them to court and fight this case, where we will lose, because we don’t really have the ground to stand on,” Jipson said.

Leaders remain steadfast the case will be a quick loss for the town, given the circumstances involving outdated and incorrectly-used FEMA flood zone maps, which caused a bit of contention.

“Where his house is located, he’s on the cove. His flooding would not be a direct result of the river running through his house,” Lewandoski said. “It would be a result of the cove backing up, and flooding his house without a current.”

The 30-day countdown is on.

“I would imagine he’s going to do nothing, and force our hand to bring him to court,” Lewandoski said. “So, let’s go.”

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Katlyn Proctor can be reached at katlyn@laconiadailysun.com or by calling 603-524-0150.