Here is an article that appeared in today's Everett Independent.
Mayor: Wood Waste piles violate zoning ordinances
By Keith Spencer
The city solicitor and building inspector appeared alongside Mayor Carlo DeMaria at Monday’s board of aldermen meeting to discuss the controversial debris piles at Wood Waste of Boston. Discussion once again turned into debate, as Alderman Robert Van Campen and Mayor DeMaria continued to discuss their differences in policies.
At the heart of the debate, board members received an update on the administration’s efforts to negotiate an enforcement agreement with Wood Waste of Boston. The board also received news from DeMaria that Building Inspector James Sheehan would be issuing a zoning violation to Wood Waste regarding the height of debris piles at the center of the controversy.
DeMaria informed the board that his administration’s efforts to come to an agreement with William Thibeault, owner of Wood Waste, are ongoing. The administration had received a response on Monday morning from his attorneys regarding language added to the agreement. However, the company has yet to agree to language that includes the removal of piles from the Boston Street facility.
In yet another intense exchange, DeMaria and Alderman Van Campen discussed the differences in how they would like to approach this issue. Van Campen pressed the mayor for answers, even calling for action on the board’s recommendation for a cease and desist order.
Van Campen also attempted to hold DeMaria and his administration accountable for previous comments regarding the city’s jurisdiction over the pile heights and potential movement in Newburyport. Van Campen quoted a piece by Newburyport resident Gillian Stewart featured on her blog, “The Porter Unlimited”. The piece alleged that Newburyport Board of Health Director Jack Morris advised Everett to pursue a cease and desist order rather than an enforcement agreement.
DeMaria avidly defended his administration’s public comments on the subject, and offered to have the assistant city solicitor appear before the board. The mayor conceded that “he should have never said anything” about his discussions with Newburyport. However, DeMaria and the solicitor said they never denied Newburyport Board of Health Director Jack Morris discussed a cease and desist order.
Mayor DeMaria asked the board for an additional week to see what how Thibeault responds to a March 1st deadline set to submit construction plans of an enclosed facility at the Revere Beach Parkway site. DeMaria stated he “had seen the plans”, and he hoped that Wood Waste would come through.
After meeting with officials from the Department of Environmental Protection earlier in the day, DeMaria informed the board that his team is ready to pursue other options in the absence of a signed enforcement agreement.
The mayor conceded that there was in fact a zoning violation at the site regarding the height of debris piles. In 2002, the city issued a similar violation to Wood Waste, which had gone unnoticed up to this point.
“After some discussion, Jim admitted that he just had not realized it was a violation, and that he would rectify the situation this week,” said the mayor.
Van Campen praised this move, which was offered in a separate resolution by himself, Alderman DiPerri, and Alderman Marchese. The alderman admitted his intentions were not “to throw someone under the bus” but rather to express his frustrations. However, he was happy that through working the zoning ordinance, “we will get this piles out of here”.
The mayor informed the board that the building inspector would be issuing the violation on Tuesday, February 24. Wood Waste would then have thirty days to correct any violation before the city would begin legal proceedings to shut down the business’ operations. The city solicitor notified the board her intention would be to file a short order notice in superior court to get an immediate cease and desist order if the company failed to comply with the zoning ordinance.
The mayor also informed the board that his administration would be working with the DEP, the Attorney General, and Wood Waste to potentially broker a meeting to discuss the current situation. DeMaria and his administration is also researching the possibility that materials from the Everett facility could be deposited at other landfills in Massachusetts, an option dismissed by Wood Waste over the last year.
Alderman Michael Marchese also offered pointed criticism of DeMaria’s handling of the situation. In comments that echo previous remarks, Marchese outlined his frustration with Wood Waste, its owner, and their failure to comply with city and state regulations. The alderman called for the board of health to simply issue a cease and desist order as recommended by his fellow aldermen.
Before leaving with the customary thanks, DeMaria reiterated his original intentions to the board regarding this controversial topic. According to the mayor, he has always wanted “to get the piles out” and get the business in “proper working order”. He feared that coming down with an immediate cease and desist order would get “no movement” and the piles would be here for another three years while the city entered into litigation.
Van Campen’s resolution regarding the consent order was tabled until the board’s next meeting. Mayor DeMaria will appear once again to update members on the current status of the enforcement agreement. Van Campen also asked that his resolution regarding the zoning violation be sent to the building inspector due to the pending enforcement action against Wood Waste.
Following the meeting, DeMaria spoke briefly about his discussions earlier in the day with DEP, and the board’s continued push for a cease and desist order.
“I did what I believe was the only thing to do: try to build a solid case that could support litigation and a potential cease and desist order,” said the mayor. “After meeting with DEP officials, I am hearing a much different song. There are other avenues that we are exploring. If we can’t get a signed agreement soon, the board will get their cease and desist order.” ##END##
It's hard to get recognition when one's name, and the name of one's blog, are incorrect, but hey, it's getting some press for the issue.
No comments:
Post a Comment