The purpose of the Zoning By-Laws is “to establish such regulations for the uses of land and structures as will protect and promote life, health, safety, convenience and general welfare of the residents of Framingham. The interpretation and application of the provisions of this By-Law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, comfort, convenience, and overall general welfare.” Section I Page 3
Town Meeting members protest health and safety concerns at Landscape Depot, 350 Irving Street on October 7.
- On October 24th the Zoning Board of Appeals will decide if they will grant Landscape Depot a five-year extension of the one-year Special Permit, they granted them on November 2, 2015 despite the fact that:
⦁ Mass DEP had listed 350 Irving Street as a Priority Disposal Site. From 1889-1967 it was the site of a Manufactured Gas. Large portions of this property, especially low-lying areas were filled with by-products of gas production - carcinogenic coal tar, creosote, arsenic, sulfur and cyanide compounds.
⦁ 2005 - MassDEP issued a Notice of Responsibility to NSTAR Gas. In 2008 NSTAR acquired the property to address the historical environmental conditions and paid Framingham $2 million in back taxes.
⦁ July 25, 2006 - the ZBA gave Landscape Depot (LD) and 3 other landscape, truck and tree companies a three-year Special Permit for storage of landscape equipment & supplies although this “Use” is under the purview of the Planning Board, not the ZBA. LD then allowed 10 other businesses to occupy this property. These businesses did not have permits.
⦁ 2010 - 2011 - NSTAR excavated and disposed of 2,400 tons of sediment & wetland soil saturated with tar.
⦁ 2014 - When a group of Town Meeting Members (above photo) learned that LD’s mulch was sitting on contaminated land they raised their concerns at ZBA meetings that the mulch might also be contaminated and customers could be spreading it around their yards and in areas where children would be playing.