40B developer sues city over adjacent wood business
Apr. 20—PEABODY — The developer of a planned "friendly 40B" development on Farm Avenue in Peabody is taking the city and an adjacent business to court.
The Residences at Farm Avenue and Farm Avenue Two Lots LLC filed a complaint last week in Salem Superior Court alleging that the city has failed to enforce zoning and other ordinances against J.D. Raymond Transport Inc.
They're asking a judge to order the city's building inspector, Albert Talarico, to enforce existing zoning ordinances against J.D. Raymond, citing issues with noise, dust and odors. They say the business never sought special permits for the type of work being done on the site. A hearing on a request for a preliminary injunction is scheduled for April 28 in Lawrence Superior Court.
J.D. Raymond, based in Dover-Foxcroft, Maine, operates a waste wood processing and mulch business on Farm Avenue.
Next to that site, a 116-unit project was approved by the city's Zoning Board of Appeals a year ago. The plan includes 29 affordable units. A building permit was recently issued for the apartment building.
Jason Panos, who represents the developer, wrote to the city twice last fall, asking Talarico to enforce the zoning ordinances.
While the zoning ordinance allows for both trucking and for wood processing with special permits, the developer contends that what is taking place on the Raymond site goes beyond what would be allowed under a permit, and that the scale of the operation has grown significantly since 2005, beyond anything that might be considered what once would have been a non-conforming, pre-existing use, or what once might have been called "grandfathered."
The complaint alleges that the site now has 10 piles of mulch, some 62 feet high and containing almost 300 cubic yards of mulch. The complaint also says that debris has spread into wetlands resource areas.
Talarico said Tuesday that after discussion with the city's attorney, Donald Conn, he made the company aware of its obligations to comply with wetlands regulations and the city's ordinances and is giving them time to come into compliance.
The firm has begun the process of seeking permits from the Conservation Commission and, depending on the outcome of that process, would then have to seek a special permit from the City Council, Talarico said.
Court papers also refer to prior issues at the site, including a fire in 2010 that led then-fire Chief Steve Pasdon to bill the company more than $100,000 for the cost of fighting the blaze, and for a paid "fire watch" detail on the site.
The attorney representing the developer in the Superior Court complaint, Amato Bocchino, did not respond to a message seeking comment.
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis
