Hello Chief Hicks,
|Mulch fire at Landscape Depot on November 28, 2016. Another mulch fire ocurred on July 4, 2016. Please read artucle here. http://framinghammatters.blogspot.com/2016/07/once-again-mulch-fires-at-350-irving.html|
It was not until later, under direct questioning, that Mr. Mullen admitted a second fire occurred on November 28th. This additional fire made no difference to the ZBA. They read your statement of support for granting the permit because you wrote that LD is following Best Practices.
We presented the ZBA with a number of compelling reasons why the permit should have been denied. Since then, we have sent these reasons to the Board of Selectmen and now to the Fire Department. I have highlighted issues directly applicable to the Fire Department.
The ZBA's decision to continue to grant permits to Landscape Depot despite all the thoroughly researched information we presented to you at the December 13, 2016 ZBA meeting is appalling. We asked many questions and in the very least we deserve answers to them.
1. Why has the ZBA decided to grant a Special Permit to 4 businesses under the "Storage and Distribution" Use when according to the Zoning by-laws, this "Use" is only granted by the Planning Board?
2. When will you investigate the fact that Mr. Mullen is doing Asphalt, Brick and Concrete reclamation? (Please see attached photo). Shouldn't this zoning by-law "prohibited use" violate his lease? How much time will he be given to correct this? Chief Hicks - When you did inspections, were you aware the ABC is a prohibited use?
3. Attached are photos of the LD mulch fires on July 4th and November 28, 2016. There have now been 16 fires in 5 years which continue despite the monitoring by our Fire Department and the efforts of the Board of Health and its Licensed Site Professional to teach LD "Best Practices". According to Fire Chief, Hicks, the Fire Department has no record of mulch fires at any other landscape mulch operation in Framingham, including D & D which is a much larger business. How many fires are O.K. with the ZBA in this environmental justice neighborhood? How many more fires are needed to claim a violation of LD's lease? Chief Hicks - do you have a limit on the number of fires? Does LD have fire insurance? Have they filed any claims? Does the Insurance Company know about the excessive number of fires?
4. Who and when will the ZBA investigate to see who altered the data on the Treasurer/Collector Form in Landscape Depot's application packet after it was filed with the ZBA in September? This form falsely stated that LD had paid their personal property taxes. Go on-line to your ZBA site and you will find that this form is now blank. Perhaps this issue would be better addressed by the Town's Legal Department? Chief Hicks - The Treasurer form also asks if "Alarm Billing" is Current or Past Due. Has LD been billed for excessive calls? If not, why not?
5. Were you satisfied with Mr. Mullen's response when asked if he had paid his Personal Property Taxes? He said no one told him he owed any taxes even though he admitted he paid them for his businesses in other towns. After 15 years of not paying taxes and allowing 10 business to squat on his property and also not pay any taxes, when will Mr. Mullen inform the Assessor's Office that he is doing business in Framingham? Shouldn't non-payment of taxes violate a lease? Will Mr. Mullen also pay back taxes for the last 15 years?
6. The Purpose of Framingham's Zoning By-laws is "to protect and promote life, health, safety, convenience and general welfare of the residents of Framingham?" Please explain how the general welfare of Framingham's residents is being served by the ZBA giving another permit to Landscape Depot, a business that pollutes our air, pays no taxes and makes liberal use of the many departments our tax dollars support such as: the Fire, Police, DPW, Legal, Inspectional Services and the Board of Health? Chief Hicks - do you believe the ZBA if following the By-laws to provide for the general welfare of the residents of Framingham?
7. What, if anything, would violate Landscape Depot's lease?
8. Is the Town willing to accept the liability if any workers, customers or trespassers are harmed while being on the toxic 350 Irving Street site now and even more worrisome, while the clean-up is in progress? Chief Hicks - does it concern you that a fireman could be injured putting out mulch fires?
9. Why has the ZBA placed the profits of Landscape Depot above the interests of our community?"
Please watch the video of the December 13, 2016 ZBA meeting on the Town website for the complete story on this issue...
The taxpayers of Framingham are entitled to accountability from our Departments and Boards and especially from the Board of Selectmen since you are they appointing authority for the ZBA.
On January 4, 2017, Framingham Fire Chief, Joseph C. Hicks, had replied to these issues by saying, "I have faith that the Town's administrative entities are providing for the general welfare of the community" and "Safety is the top priority in every response."