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HomeMy WebLinkAboutEast St. #703 - 5/3/2006Shady Brook Neighborhood Association Shady Brook Lane Mansfield, MA 02048 Subject: Violations, and Concerns at Guerrini TO: Nicholas J Riccio, Zoning Enforcement Officer Michele F Grenier, Conservation Agent Scott Leite, Health Agent John Sullivan, Town Engineer Robert P Bellavance, Fire Chief May 3, 2006 703 East Street YA r 8 �006 The Shady Brook Neighborhood Association consists of 4 residences (4, 8, 12, 16) on Shady Brook Lane. Our residences and common area abut Guerrini Landscaping located at 703 East Street. We note that no variances are on file in the Town Clerks office for Industrial or Business at this site. We are aware that Agriculture is allowed with a 2 acre lot, however this site is a shocking abuse of the Zoning definition of Agriculture We ask that the Building inspector look into violations of zoning to include improper use in the R-1 district. The site (703 East St) has been subjected to a great deal of expansion much of which violates its zoning and original use in the R-1 district. Additionally the building inspector within the last 3 or 4 years has issued permits for 2 new structures for "Agriculture only". We would state emphatically that these buildings do not meet that criteria. They certainly fall very short of Mansfield Zoning Regulations for Agriculture. These buildings are primarily being used as garages for diesel trucks used in a landscaping business. In fact we believe the site contains little or no farm or agricultural equipment. No tractors, no harrows nor are any crops planted in the soil. Additionally Mass. General Laws Chapter 128: Section 1A defines Agriculture even more definite. If this was a bon -a -fide agriculture operation the numerous vehicles which are diesel trucks would have agriculture license plates. This operation may have a few plants but its primary function is a industrial complex for storage of over a dozen vehicles used in landscaping, snowplowing, hydro seeding and who knows what else. That is not under the definition of Agriculture. Additionally there are no farm animals on the site, no land being tilled, etc. This business may have a sign on the front door saying its a nursery, but all those trucks say Guerrini Landscaping. Also the business listing in the phone book is Guerrini Landscaping. Additionally at the back of this site work has been done that should have been permitted and abuts our common area. This constitutes 1-1 work within 75 feet of R-1 zone. We were never notified. Nor was a variance granted. We request that the building inspector issue an order to close the site at once and cease all operation. This site has made our life miserable with a constant parade of trucks, back hoes, buckets constantly shaking, 18 wheelers delivering mulch. We would prefer to hear the plants grow. We ask the conservation agent to look into violations according to the Mass. laws specifically Chapter 131, Section 40. We note that this lot has been cleared toward the back and it abuts the wetlands. Additionally they have cut into embankments for storage of gravel, and other landscape materials. Additionally we believe they abut the wetlands and have numerous trucks and vehicles parked on the site all endangering the wetlands. Additionally there is equipment stored to include lawn mowers, snow plow blades, a wrecked car all within 100 foot limit. (Please note that any visits to this site during the day will show no vehicles present). After dusk is when they are usually parked. We ask the Health Agent to investigate 'bur right to know" what chemicals are being used there as they appear to be using various liquid fertilizers, chemicals for hydro seeding, and fuels such as gasoline to include diesel. Additionally we have no idea what other chemicals they are using. Are there pesticides or weed killers being stored here??? What chemicals are used to dye and treat the vast quanity of mulch on the premises? Does the mulch present a problem with spontaneous combustion?? We have 6 small children living in our complex. Additionally we ask that the Health Agent investigate the constant noise from the site which we observe includes 18 wheelers delivering mulch, constant back hoe operations which include beeping noises, rattling of the bucket, and other noise especially very early in the morning. The noise is unbearable. This has become an industrial site. On April 25, 2006 they had a truck (diesel) warming up at 5:45 AM. This noise persists continuously throughout most days. We ask that the town engineer close up the curb cut which never existed to the right of the structure at 703 East Street. There never was a curb cut there. It was never authorized, zoned or received a variance. By creating a cut you have violated the zoning regulations. You have created a drive next to a property that is R-1. The owners of the property at 703 East St. (Guerrini landscaping) a couple of years ago starting parking their employee cars there and running over a small curb. This is an illegal parking lot according to every zoning law. The highway department saw fit to aid and abet them by engineering a cut to accommodate them. This is a major roadway (Route 106). We ask the Fire Chief to investigate potential fire hazards concerning the storage of fuels. We have no idea if they are present. Additionally we urge you to check up on the vast amounts of mulch stored on the site that are subject to spontaneous combustion. These are stored next to our common area, a wooded area heavily ladened with dead leaves. Additionally we have reason to believe that mulch is stored next to gasoline and the area has no fire hydrant nor water source (except the wetlands) for your department to effectively fight a mulch fire. Lastly this site and operation over the years has greatly expanded, which it should have never been allowed to do. This site was a small garden shop with a few green houses and a small shed on cinder blocks. Today it is a large industrial operation with at least a dozen trucks, numerous trailers, and back hoes. This should have never been allowed. We ask that you close down this business at once and preclude any further expansion. To allow it to exist only endangers our lives, property values, violates the zoning by laws, and seriously damages the wetlands. Mr/Mrs DiMartino 16 Shady Brook Lane Mr/MrsPiamoni 141,i.l 12 Shady Brook Lane u Mr/Mrs Courtney 8 Shady Brook Lane Mr/Mrs Prestwich 4 Shady Brook lane CC: EPA State Hywy Dept Town Planner Town Manage 13ci, �C S'�e'twrCAJ D D -3 M4