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HomeMy WebLinkAboutGreat Woods Complaints 1994-1997KARL CLEMMEY 390 WEST STREET • P.O. BOX 75 MANSFIELD, MASSACHUSETTS 02048 (508) 339-6316 FAX (508) 339-6600 July 28, 1994 Manager Great Woods Center for the Performing Arts 885 South Main Street Mansfield, Ma. 02048 Re: Concert Patrons On July 9, 1994 at approximately 7:00 p.m., I met with Lt. Figerito in front of Great Woods to discuss an ongoing problem which I am having with trespassers on the rear left side of my property before, during, and after shows at Great Woods. There are at least five paths that have been worn from your parking lot onto my property and adjacent land despite the fact that this area is posted NO TRFSPASSINO. The land is covered with paper, beer and soda cans, broken bottles, human feces, toilet paper and soiled feminine napkins. This is not a new issue. 1 have correspondence dating back to 1991, and have yet to receive the courtesy of a response. This situation must come to a halt and the debris cleaned up immediately. The lack of security at Great Woods along with your unwillingness to provide portable toilets in the new parking area is just another example of the lack of consideration that Great Woods shows not only for its neighbors, but the town in general. I would expect that this situation be given your immediate attention and the problem "fixed" Respectfully submitted, Karl Clemmey cc: Board of Selectmen, Town of Mansfield Board of Health, Town of Mansfield Acting Chief, Mansfield Police Department KARL CLEMMEY 390 WEST STREET • P.O. BOX 75 MANSFIELD, MASSACHUSETTS 02048 (508) 339-6316 FAX (508) 339-6600 August 1, 1994 Manager Great Woods Center for the Performing Arts 885 South Main Street Mansfield, Massachusetts 02048 Re: Trespassing On Saturday night, July 30, 1994, at 7:30 p.m., the last night of three scheduled Jimmy Buffet concerts, there were approximately 150 - 200 concert patrons who broke through the fence of your new parking lot, onto my property at 875 South Main Street. Not only was I forced to witness these individuals urinating and defecating on my property ( which has been an ongoing issue for years ), but there was actually a couple engaged in sexual intercourse. These individuals leave behind trash, beer cans, soiled feminine products, and condoms. When 1 tried to redirect these concert patrons away from my property, I was subjected to verbal abuse. it became necessary for me to request assistance from (he Mansfield Police Department. I called and registered my complaint with Sgt. Segal, I.I. Figeretto came to the fence will' two other officers and removed these people from my property This situation MUST be addressed immediately. I have been pleading with you for years to get control of your pre and post concert attendees. It has now escalated to the point where these individuals are threatening me on my own property. Obviously, increased security and additional sanitation facilities are long overdue. Please indicate to me what you plan to do. It is time for Great Woods to step up to bat and acknowledge its responsibility to not only its abutters, but also to the Town of Mansfield. This situation is out of control and needs to be addressed before someone gets injured. I will make myself available for any input you may require. Please, Please take action. Karl Clemmey cc: Board of Selectmen Board of Health William Williams, Town Manager Acting Police Chief, Mansfield Police Department Mr. Jerome Coogan, Attorney at Law KARL CLEMMEY 390 WEST STREET • P.O. BOX 75 • MANSFIELD, MASSACHUSETTS 02048 (508) 339-6316 • FAX (508) 339-6600 August 16, 1994 Board of Selectmen Town of Mansfield 50 West Street Mansfield, Ma. 02048 On August 13, 1994, heavy equipment was being operated on my property which is located at 875 South Main Street on Rt. 140. Shortly after noontime, the new parking lot began filling up with people arriving for the day long concert. The area in which I was working abuts the new parking lot of the performing arts center. Great Woods has installed a 6' stockade fence which nuns for most of the length of the parking lot. At one and, however, they have left an opening of about 50' between the end of the stockade fence and the existing chain link fence. This passage allows concert patrons to access my property for the purpose of urinating, defecating, drinking and drugging. These individuals, who sometimes throughout a show number as many as 150 - 200 for a sold out concert, leave behind their trash, empty beer and soda cans as well as soiled toilet tissue, condoms and feminine products. I have brought this issue to the attention of this board as well as Great Woods in several previous letters. On this occasion, we requested the assistance of three security officers from Great Woods to keep these individuals off the property. We were told that it was not their problem. I left my son and the equipment operator at work on the site. Once again, the trespassers were directed to leave the property as they were in the way of the equipment which created a safety hazard for the trespassers and the work crew. This time they were met with extreme verbal abuse and some individuals threw beer cans at the bulldozer. As these people returned to the Great Woods parking lot, the beer cans continued to come over the fence, directed at the bulldozer like target practice. Someone even threw a beer keg. At this point, the Mansfield Police Department had to be notified that the workers on site had been accosted and were in fear for their person. The dispatcher, Bob Giroux, indicated that a cruiser was being sent immediately. 45 minuets passed with no response. When a second call was placed, we were informed that the dispatcher had spoken with Lt. Figeretto at Great Woods and he was unaware of any problems on the Clemmey property. We did not receive a response until we informed them that I would have a bulldozer push up a pile of gravel in the passageway to insure our safety from the trespassers of Great Woods. Bruce Montgomery arrived with his video camera and asked it there was a problem. ( he is well aware of the issues ) He spoke to my son in a demeaning and cursory tone, which I believe is an example of the antics Montgomery uses in an attempt to goad others into responding to his taunts. Two auxiliary police officers, ( Officer Jim Figara and Officer Mark Formciara ) who were the only officers for the entire Great Woods parking lot, said that they would try to control the crowd. But as soon as they left, the beer cans began to fly again. Because there was a potential for violence, the Massachusetts State Police were called. I spoke with Trooper Morriaety at the Foxboro barracks who after speaking with the Mansfield Police Department assured me that a cruiser would meet me at South Main Street. I then called every member of your board. ( as I have in the past ) Selectman Pasquale was good enough to come down on his personal time, and I thank him for that. Mr. Pasquale, Lt. Figeretto from Great Woods, and the two auxiliary officers walked the length of the fence to observe the debris and to see where the stockade fence had been kicked in. Mr. Pasquale asked for permission for Great Woods to come onto the property to clean it up. I responded that I have indeed in the past told them that they could do so. KARL CL,EMMEY 390 WEST STREET • P.O. BOX 75 • MANSFIELD, MASSA.CNUSETTS 02048 (508) 339-6316 FAX (508) 339-6600' It seems that this problem of people trespassing has been squashed. Mr. Montgomery and Great Woods, feel that it is not their issue. ( See attached letter dated August 8, 1994 ) If any other business in the town of Mansfield with a license to serve alcohol allowed their customers to relieve themselves on their neighbors property, I'm sure that the board would have taken corrective action as the licensing authority for the Town of Mansfield. I have asked repeatedly that Great Woods provide a chain link fence to close up this access area as well as a security officer to keep people off my property and to monitor public drinking in the parking lots. I must insist on some consideration from this board as I feel the situation is getting worse with every show and I fear that someone may get injured. I do not understand how I can be ignored. I have spoken with Lt. Figeretto many times in addition to the documentation which I have forwarded to this board and to Great Woods. Public drinking before and alter performances occurs unchecked. Great Woods needs to have more control of the patrons who are drinking in their parking lots. It appears that some individuals come to Great Woods just to party in the parking lot with no intention of attending the show. Many who do eventually go inside are so intoxicated and/or drugged out that I cannot imagine how they could enjoy the performance. These people then get into their cars and drive home on Massachusetts highways. This public drinking is not allowed under the license issued by the Town of Mansfield. Please respond. v Karl Clemmey cc: Board of Selectmen William Williams, Town Manager Acting Police Chief, Mansfield Police Department Scott Liete, Board of Health James Jerome Coogan, Attorney at Law Great Woods Center for the Performing Arts KASSLI?R & l'GUIiR ,A PIMi ISSI(1NA I,( nR PI) Il,A l i 11 I' CMIIISI-.LL(Uts A I AAA' IIASKFLL A KASSLER SIANUY CI'GLI.AIA14 101 :\RJ II SI RI'.I.l FEUEF IOI'CE f, PFROCCIiI (IO$1()Id RIASS;A1-III I'f 1-(lS 9)1 11 pl In111 11 HIOMAS P IIARRISIIN :.LNNhTII B IIOPF?IAK ANNF Id MIf.S 11 SPERLING IIIRA'F[ON I'.)ANfi llI:IIIN APIOR@V'F, gOLDStEi`J CIIARLES AI. CAAIM). IR MICI IAh.1.5 ROSEN 161 11 I V) AIIIII !AAIN, S PI:III.R AI I.SON SMIIII PL\SECKI ROY A. CRAAIER RI([IIARU \e «'FNNliil - _- Ib IBI RI I IIIIAFU II SICAN NOIgCE' ROBERiWLII'SYEIN CIIARLES BURKIN r. )i'1I'R vIl" IIIIM1O AIM111!!)'S POR(:I:IIA "Inv.-:vL NIEL I. EINN I. CARPER .l'd-1 �110 11111 IIIi CnI.0 . I AARON COIIF.N A ALAN'$ GEISSIER. IR ONA [>DnNA1.D R. LASSKIAN l \\'llLV.1 I AlaSlt'P.I`.NY. III _ RPI I. B PARIPII)GF, IGI IN S. SOWN, CPA CARL AIYIO CPA August 8, 1994 k1�11s.-- James Jerome Coogan, Esquire Coogan Smith Bennett McGahan Lorincz & Jacobi 144 Bank Street P.O. Box 2320 Attleboro, MA 02703 RE: Great Woods Center for the Performing Arts Dear Mr. Coogan: Letters from your client, Karl D. Clemmey, dated July 28 and August 1, 1994 to Bruce Montgomery, the General Manager of the Great Woods Center for the Performing Arts, have been forwarded to this office for a response. Copies of those two lotters were sent to you by your client. Please note that when Great Woods last received a written complaint from your client we promptly responded to your client's concerns in a letter from this office dated October 2, 1991. We understand from officials of Great Woods that the fence enclosing the Great Woods' parking lot which was damaged during the weekend of July 30th has been repaired. We believe that this should mitigate the problems which were raised in your client's recent letters. Finally, while Great Woods certainly does not condone, enhance, or enable illegal activity, we are certain your client understands that Great Woods is not, nor can it be, the moral guarantor of persons on its own property, let alone on anyone else's. Very truly yours, Haskell A. Kassler HAK/sb cc: Mr. Bruce Montgomery Mansfield Board of Selectman Mansfield Board of Health Acting Chief, Mansfield Police Department KARL CLEMMEY August 22, 1994 390 WEST STREET • P.O. BOX 75 • MANSFIELD, MASSACHUSETTS 02048 (508) 339-6316 FAX (508) 339-6600 Management Great Woods Center for the Performing Arts 885 South Main Street Mansfield, Massachusetts, 02048 Re: Trash Removal In regards to a conversation last week with selectman Pasquale, let me once again reiterate that I will authorize employees, agents and/or representatives of the Great Woods Center for the Performing Arts to enter upon my property located at 875 South Main Street in the Town of Mansfield, Massachusetts for the purpose of removing litter left behind by trespassing concert patrons. Call me at 339-6316 to make arrangements. , PLEASE! PLEASE! PLEASEI have this trash removed immediately KARL CLEMMEY 390 WEST STREET • P.O. BOX 75 • MANSFIELD, MASSACHUSETTS 02048 (508) 339-6316 • FAX (508) 339-6600 April 5, 1996 Mr. Scott Leite Board of Health Town of Mansfield 50 West Street Mansfield, Ma. 02048 Re: Wade Property - Branch Street Mr. Leite: Please refer to my correspondence dated 6/23/94 and 6/25/94, regarding the storage of hazardous materials on this site. It has been almost two years since my complaint and not only has the situation not been addressed, it continues to get worse. I would like to arrange a site walk of this area at your earliest convienence. These conditions MUST be resolved. Any further delay will subject the town to substantial costs surrounding clean up. Please contact me at the number listed above with any questions that you may have. submitted. Clemmey LAW OFFIGES MILLS, TEAGUE & PATTEN ONE FINANGIAL GENTER BOSTON, MASSAGHUSETTS 02111 (817) 409.4890 FAX: (817) 439-0027 DANVERS OFFICE: DAVID A. MILLS FRANKJ.TEAGUE ,o SYLVAN STREET EDWARD T. PATTEN DANVERS. MASSAGHUSETTS 01923 (508) 777.5252 FAX: (508) 774-9427 April 9, 1996 Mr. Scott Leite Town of Mansfield Board of Health 50 West Street Mansfield, Massachusetts 02048 Re: Town of Mansfield Board of Health Waste Collection/ Great Woods Center for the Performing Arts/April 27 1996. Dear Mr. Leite: Please be advised that this office represents Mr. Karl D. Clemmey the owner of approximately 17 acres of land which directly abuts the Great Woods Center for the Performing Arts. Kindly consider this correspondence as a request that your Board not conduct the household hazardous waste collection advertised to take place on April 27, 1996 at Great Woods. The reasons for this request are as follow. As your Board may or may not be aware, a significant portion of the Great Woods land is part of the watershed for the Rumford River. Surface water froAR a substantial portion of the Great Woods parking areas is channeled through a swale running easterly across the Great Woods site to a detention area adjacent to South Main Street/Massachusetts Route 140. The contents of the detention area then flows, through a piping system, into a drainage Swale, located on Mr. Clemmey's land, and eventually discharges into the Rumford River, also on his land. It is Mr. Clemmey's information and belief that the drainage system servicing the Great Woods parking areas contains no form of oil and gas separators, or other devices designed to filter pollutants from the runoff before entering the detention basin and ultimately flowing across the Clemmey land into the river. Mr. Scott Leite Town of Mansfield Board of Health Page Two April 9, 1996 your proposed collection of hazardous waste on such an unprotected site is, obviously, of grave concern to Mr. Clemmey. There exists, at least, the significant potential and threat that the release of any pollutants at or from the Great Woods site will ultimately flow onto the Clemmey land subjecting him to significant liability under the provisions of G.L. C. 21E and CERCLA, the corresponding Federal superfund statute. Accordingly, please be advised that, should your Board persist in its plan to collect hazardous waste at this location on April 27, Mr. Clemmey stands prepared to hold all parties involved, including the Town of Mansfield, responsible and liable asrtheyresultdamageof anyts or releaseher expenses of pollutantsnfrometheyr. siClemmey te I trust that your Board will consider Mr. Clemmey's legitimate concerns and arrange for your proposed activity at a more suitable site. I thank you and your Board for your courtesy and attention. Very truly yours, Edward T. Patten ETP:mam CC: Robert S. Mangiaratti, Esquire -'' Karl Clemmey May 12, 1997 Mr. Scott Liete, Health Agent Town of Mansfield Board of Health 6 Park Row Mansfield, Ma. 02048 Mr. Liete: Re: Household Hazardous Waste Collection Day I am placing your department on notice that a flagarant violation of federal, state and local health codes occured on Saturday, May 3, 1997, at the annual Household Hazardous Waste CollectionDay which was held in the parking lot of the Great Woods Center for the Performing Arts on South Main Street in Mansfield. As you can see from the enclosed pictures, the batteries were stored in an open flat bed trailer on Saturday and Sunday and remained there until Monday when they were picked up. On Saturday night it rained. This open trailer was tilted toward the rear, with no plastic liner to stop the flow of contaminants, allowing the battery acid to mix with the rain water and spill onto the ground unchecked. There was also an open dumpster containing paint thinner and other hazardous materials exposed to the elements. This is a violation of MGL Ch. 21, Sec. 27 and 314 CMR 12.00. As you may know, the drainage from Great Woods parking lot (where you hold this hazardous materials day) travels through a series of swails, onto my property and then into the Rumford River. I have asked the town for three years to move this event to a safer site. I do not believe that you realize how much of a liability risk the town assumes each time they hold this event at Great Woods. Once any of these hazardous materials, traveling through the detention system and onto my property, reaches the Rumford River, the resulting damage to the environment will be incalculable. This is my last attempt to resolve this issue on a local level. My next step is to request assistance from the state and federal authorities. VAw tin our re ' onse. rl Clemmey cc: Board of Selectmen Richard Boucher, Acting Town Manager John Drew, Time Trust Great Woods Center.for the Performing Arts Department of Environmental Protection April 1, 1998 APR 2 IM Mr. Scott Liete, Agent Board of Health Town of Mansfield 6 Park Row Mansfield, Ma. 02048 Re: Hazardous Waste Collection Day Mr. Liete; Thank you for meeting with me in your office yesterday to discuss the Hazardous Waste Collection Day held annually at Great Woods. In our discussions, you stated that this event was scheduled for some time in April. Enclosed, you will find a copy of a letter from my attorney dated 4/9/96 and a copy of a letter I sent to you May 12, 1997 ( which outlines our concerns which still exist today) and a copy of a Notice of Docket Entry fron the Middlesex Superior Court dated March 5, 1998. If you look at the yellowed in area of pg. 3 of the Docket Entry, you will see that the Great Woods Center for the Performing Arts has brought the Town of Mansfield into the picture and is using the town against me, my family and any agent or representative of my family. I believe that you should take a serious look at optional sites around town which may be more appropiate for this event. My family and I should have the same access to town sponsored events as any other taxpayer. I again request that you take a long and serious look at this event and consider the potential hazards to the immediate environment. Respectfully Karl Clemmey Enc. cc: Mr. John D'Agostino, Town Manager Board of Selectmen TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 7, 1998 Mr. Karl Clemmey 390 West Street PO Box 75 Mansfield, MA 02048 Dear Mr. Clemmey, As you requested, the Board of Health listened to and discussed your concerns regarding the location of the household hazardous waste collection to be held at the Great Woods Center for the Performing Arts. After discussion, the Board voted to hold the collection at the Great Woods Center for the Performing Arts. We understand your concern regarding disposal of your household hazardous waste, as well as your family's. As stated prior to the board's vote, we will make every effort to accommodate you. Enclosed are minutes of the meeting (unsigned) and a copy of the HHW Collection Site Evaluation Criteria per your request. If I can be of assistance, please do not hesitate to contact me. Yourtite, y, ScHealth Agent —_` TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 7, 1998 Mr. Karl Clemmey 390 West Street PO Box 75 Mansfield, MA 02048 Dear Mr. Clemmey, As you requested, the Board of Health listened to and discussed your concerns regarding the location of the household hazardous waste collection to be held at the Great Woods Center for the Performing Arts. After discussion, the Board voted to hold the collection at the Great Woods Center for the Performing Arts. We understand your concern regarding disposal of your household hazardous waste, as well as your family's. As stated prior to the board's vote, we will make every effort to accommodate you. Enclosed are minutes of the meeting (unsigned) and a copy of the HHW Collection Site Evaluation Criteria per your request. If I can be of assistance, please do not hesitate to contact me L Your ruly, Ji ScO rte, Health Agent TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 14, 1998 Mr. Karl Clemmey 390 West St. P.O. Box 75 , Mansfield, MA 02048 Dear Mr. Clemmey: You have brought to my attention that the minutes of the Board of Health Meeting of April 22, 1998 (unapproved and unsigned) are incorrect, specifically Section 5 a. Health Agent's Report. They read: "This property is owned by Mr. Clemmey and his tenants have a restraining order against him from entering the property. They have asked for a housing inspection and the Agent is in the middle of two attorneys who are only allowing certain people accompanied by certain people on the property. Agent will write a letter to the attorneys telling them to settle the issue between them." Corrections are, therefore, being made to reflect the discussion at the meeting regarding 360 Chauncy Street under the Health Agent's report. The section shall read: "This property is owned by 360 Chauncy Street Realty Trust for which Mr. Karl Clemmey and Mr. Dan Clemmey are agents. The tenants of 360 Chauncy Street Realty Trust have a letter of No Trespass issued to these agents. The tenants have asked for a housing inspection and the Agent is in the middle of two attorneys who are only allowing certain people on the property. Agent will write a letter to the attorneys telling them to settle the issue between them." I regret any inconvenience this may have caused. Very ly yours, Sc tL'e Heat Agent /dr April 15, 1998 Mr. Scott Leite, Agent Board of Health Town of Mansfield 6 Park Row Mansfield, Ma. 02048 Re: Corrections to minuets of Board of health meeting - 4/2/98 Mr. Leite: We are in receipt of your letter dated 4/14/98 regarding minutes (unsigned) of the Board of health meeting of 4/2/98. Please note that your letter references a meeting on 4/22/98. There are more corrections that need to be made. Under Section 3. - Communications, My letter dated 4/7/98 is not listed. Under Section 4 - Visitors, you quote that "Mr. Clemmey was ruled in contempt for violating a no trespass restraining order". There is no restraining order. I have a mutually agreed upon injunction, voluntarily signed, in which I agree not to enter upon the property. The terminology should be corrected to read --e"'he and members of his family are not allowed to enter upon the property of Great Woods as the result of a nmtually agreed upon injunction ". Under Section 4 - Visitors, a letter dated 4/9/96 referencing potential waste spills. This document and others (dated 5/12/97) was not reflected in Section 3, Communications (1- 10). If you would please include those correspondence that you have received from me into Section 3 - Communications. For your convienience, I have included copies with this letter. Do not hesitate to contact me with any questions that you may have. cc: Mr. John D'Agostino, Town Manager Enc.