Paving company makes concessions, stays put
Published on April 18th, 2001
STONEHAM, MA - D & R Paving of 138 Franklin St. doesn’t have to move an inch, but the company has promised to clean up its act with a new drainage system.
“The site was cluttered,” said Community Development Director Steve Sadwick. “And neighbors were worried about run-offs from the trucks going in the brook running along the property.”
On March 29 the Board of Appeals overturned Building Inspector Gene Argiro’s cease and desist order. Argiro had instructed the company to abandon use of the back half of the property because D & R is in violation of Stoneham zoning. But after reviewing evidence, the Board ruled that the company had been in operation before the relevant zoning took effect; D & R is grandfathered on the spot.
But D & R plans to work with the Conservation Commission to set up a drainage system with catch basins and a separator to trap and filter any oil or contaminants before they get into the brook. And the property owners, S & R Realty Trust (the Rotondi family), also removed two tenants from the property. MDR Construction and Festino Oil have both relocated since complaints began to mount about the site in the winter of 1999.
This saga began in February of 1999 when complaints from neighbors reached the Board of Selectmen.
Neighbors were angry about the site, which they considered too active and messy to exist so close to residential neighborhoods. The property stretches around 500 feet back all the way to the Stevens Street dump. In 1999 the site was home to the two construction companies and oil company mentioned above.
In March of 1999, Selectmen decided to call D & R in for a site plan hearing. Both sides reserved their rights. D & R said it didn’t need to come before the Board for a site plan. The company wasn’t asking for any permits. The Town reserved its right to call the business before the Selectmen. Without settling who was right, D & R did come before the Board.
The Building Inspector had no problem with the businesses operating on the site, but he questioned setbacks from the rear property line. Also, a new drainage system was discussed with the Conservation Commission. Proximity to the brook would give the Commission authority.
Residents of the Brook Meadows Condominiums challenged the uses on the site, but the Board of Appeals upheld the Building Inspector’s decision.
But legal wrangling ensued between the Town and D & R, represented by Charles Houghton, about the setback issue. This argument continued for two years. In March of 2001, the Town said “submit a zoning change proposal to Town Meeting or move your trucks.” D & R refused. Argiro filed his order. The Zoning Board overruled Argiro. And a 20-day appeals period began running on March 29.
“If the decision is not appealed, D & R will go to Conservation and begin working out the details of the drainage system,” Sadwick said. “If there’s an appeal, this whole thing drags on.”
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