DeMaria gets tough ... sort of

Really hot off the presses: latest story from reporter Keith Spencer of the Everett Independent:

Building Inspector gives Wood Waste 30 days to ‘remove all outdoor storage'
By Keith Spencer

In a more aggressive move within his tackling of the controversial issue, Mayor Carlo DeMaria recently asked Building Inspector James Sheehan to issue a zoning ordinance violation to Wood Waste of Boston owner William Thibeault. The mayor also called for reform to different areas of the zoning ordinances, including fines for violations.

While the mayor maintains that the city does not have jurisdiction over the pile’s heights, he recently admitted that his administration became aware of other possible zoning violations at the Wood Waste facility. At last week’s board meeting, Mayor DeMaria admitted that the building inspector had not realized the business was violating an ordinance, and vowed to rectify the situation.

Building Inspector James Sheehan provided notification to Wood Waste’s owner William Thibeault of the violation at their site the following day. After a recent inspection of the property, a letter was sent to the Boston Street facility last Tuesday, February 24th, giving the company thirty days to rectify the situation. Sheehan had the violation sent via the US Postal Service’s standard and certified mail in addition to a hand delivered copy.

According to a copy of the letter, Wood Waste of Boston at 85-87 Boston Street is in violation of City of Everett Zoning Ordinance Section 21 Industrial Limited District (a) Uses. Section 5. The section reads as the following: “Storage of goods in containers where all storage is contained within the building, not including storage of any raw or natural materials”.

The letter goes on to inform Wood Waste that they must “remove all outdoor storage within 30 days”, and failure to do so would “result in daily fines for all violations” as called for by the City of Everett’s Zoning Ordinance Section 13 Violations and Penalties.

According to the section, Thibeault’s violation of the ordinance after the thirty days notice “shall, for each offence, and for each and every day that such offense continues, shall subject to a fine of not more than twenty dollars ($20.00)”.

In a brief interview with Mayor Carlo DeMaria late last week, the Independent asked DeMaria if he was happy with the $20 fine attached to the zoning violation. DeMaria responded that he was “absolutely not happy” with them, declaring that the zoning fines were “not up to 2009 standards”. DeMaria assured that his administration will continue addressing a number of zoning issues, “especially where we’re trying to attract more developers to the city”.

The mayor would not venture to comment on whether or not thirty days was enough time for the removal of all the outdoor storage at the Wood Waste facility. The piles have gathered for quite some time with the company’s representatives indicating at past City Council meetings that it would be a long process to remove all of the materials safely. DeMaria would also not comment on whether or not Mr. Thibeault would remove the piles out of his own general interest at this point in the controversy.

While he hopes Wood Waste will “comply with the violation” so that “we’ll see progress soon”, DeMaria and his administration are continuing to prepare additional measures to get the site into compliance with all applicable city and state ordinances and laws.

After a meeting with state officials from the Department of Environmental Protection (DEP) last week, Mayor DeMaria also indicated his office would be looking to potentially issuing a cease and desist order in addition to the minimal fines. The mayor indicated that his administration is “intensely investigating every additional step possible” to get the piles into compliance.

With no discussion of the topic at this week’s meeting of the Common Council, it is sure to come up at next week’s meeting of the board of aldermen. Mayor DeMaria asked the board last week to wait and see if Wood Waste owner William Thibeault responded to a March 1st good faith gesture deadline to submit construction plans of an enclosed facility at the Revere Beach Parkway site.

DeMaria has previously stated he has seen the construction plans, noting that they incorporate using the former Adam’s Furniture building located on property adjacent to the current facility on Boston Street. The topic is likely to come up at next week’s meeting in addition to DeMaria’s consent agreement, which has been under negotiation for more than two months.

Since the last meeting, DeMaria has also initiated plans to establish better contact with those residents and abutters directly affected by the Wood Waste issue. The mayor is asking that these constituents contact his office and provide information regarding their complaints. The mayor asks that residents include their name and address in the typewritten complaint sent through the US Postal Service. The mayor’s office will also utilize the city’s website and email so that residents may submit their letters electronically.

All residents who would like to submit written complaints regarding the Wood Waste facility on Boston Street may mail their letters to: The Mayor’s Office484 Broadway Everett, MA 02149

“I’m going to ask all affected residents to submit a written complaints to our office,” said Mayor DeMaria during the interview. “I want to organize these complaints, and finally put together a paper trail that will be necessary in later steps.”

If Thibeault does not comply with the violation, Mayor DeMaria and the city solicitor have indicated that their intention would be to file a short order notice in superior court to get an immediate cease and desist order against Wood Waste. According to the DeMaria administration, the collection of complaints will create a paper trail that will help the city and state agencies in future stages of this dilemma.

Wow, they have building inspector issues in Everett, too?

And a $20 fine? If that doesn't break Thibeault, nothing will, right?