City waiver could aid site linked to mobster




Inquirer Staff Writers

The wife of a reputed mobster who has been banned from the trash industry in New Jersey stands to profit from a proposal before the Street administration to open a construction-waste plant in Southwest Philadelphia, according to city and court records.

The facility is being proposed by a Philadelphia-based firm, Philly-Wide Recycling Inc., and would operate on eight acres along the Schuylkill on South 49th Street. That property, according to legal documents, is owned by Mary Franco, wife of Carmine Franco, whose alleged ties to organized crime have long attracted law enforcement investigators.

In testimony before crime commissions in New Jersey and Pennsylvania, law enforcement authorities have identified Carmine Franco as an associate of the Genovese crime family, and as one of several reputed links between the mob and the multimillion-dollar trash-hauling industry. Franco has denied the allegations.

Philly-Wide Recycling has been trying since January to obtain a city waiver, needed because the property lies just steps from Bartram's Garden, established three centuries ago by famed botanist John Bartram. State law prohibits companies from operating trash facilities within 300 yards of a public park or playground without a waiver.

If the company gets the necessary approvals - starting with the waiver - the land, now worth about $4 million, could become worth several million dollars more, reaping Franco a windfall, according to people familiar with the trash industry and property site.

Daniel Pellicciotti, who runs Philly-Wide Recycling, said last week that he leases the property from Mary Franco but that he barely knows her or her husband. "She is just my landlord," he said. As for Carmine Franco's alleged mob ties, Pellicciotti said: "This is the first I'm hearing of it."

"That's not my business," added Pellicciotti, a former Laborers' Union official who ran for City Council last year. "The less I know about that, the better."

Through her attorney, Harry R. Blackburn, Mary Franco said she was not aware of any waiver pending from the city, and added that she intended to sell the property whether or not any waiver was granted.

Salvatore T. Alfano represents Carmine Franco in a federal lawsuit filed by Audubon, Montgomery County, resident David Della, who claims the Francos effectively stole the 49th Street property from him. Alfano said allegations about his client's mob ties "are totally unsubstantiated and never resulted in any criminal charges." Alfano also said the Francos dispute all allegations in the lawsuit.

The Mayor's Office said last week it had not decided on the waiver but added that it was unaware of the lawsuit or of Franco's involvement. Street spokeswoman Barbara Grant said the city would seek details.

Over the last two decades, the eight-acre property has been home to a number of businesses, including a food waste-processing plant. Since the late 1990s, several companies have tried to open construction waste-processing plants there.

The Francos' interest in the property can be traced to 1999, when Philadelphia Waste Services Inc., run by Della, bought the property for $2.6 million.

Della intended to have the property licensed as a waste-transfer station and then sell it for a "significant profit," his suit alleges.

Della contends in his suit that Carmine Franco, an acquaintance and onetime competitor, financed the purchase under an agreement that allowed Della to repay him, without interest, once the property was resold. Any profit would be split evenly between them.

Della states in the suit that, at the time, he did not know details about Franco's history.

Franco has been the focus of intense regulatory scrutiny for decades. He figured prominently in the 1995 prosecution of Philadelphia-South Jersey mob boss John Stanfa. During one secretly taped conversation, Franco's name elicited what became the signature phrase of the trial and a classic line in the Philadelphia underworld: "Goodfellas don't sue goodfellas. Goodfellas kill goodfellas." The words were spoken by a New York mobster counseling an acquaintance who was suing Franco.

On another tape, that same mob leader described Franco as the "number-one earner" for the Genovese organization.

In 1998, Franco and two sons pleaded guilty to operating an illegal solid-waste business in New Jersey and were barred from the state's solid-waste industry.

Della's lawyer, George Bochetto, said last week that neither he nor his client would comment because of the pending litigation.

Della alleges Franco wanted to "remain invisible" and arranged to have his wife's name appear on loan documents.

For a while, the lawsuit states, Philadelphia Waste was doing a good business recycling cardboard and hauling trash, even as it was working to get the waiver to process construction debris.

In the lawsuit, Della, who is suing with several partners, contends that Franco began meddling in the business and using it to benefit friends and family, threatening to pull his financing if Della didn't go along.

When Della complained, the suit claims, Franco allegedly said: "I'm a shotgun player, get it? I come in, I take over, I run things and take a little, but give a lot."

According to the suit, he also said: "I take care of John Gotti's girlfriend by delivering money to her monthly. So you had better be concerned with your family's welfare."

In the meantime, the effort to get the waiver was falling apart. And in May 2001, the state Department of Environmental Protection denied the company a permit - in part because the city had not granted the waiver that would have allowed the DEP to sidestep regulations and issue a permit.

By September 2002, Della was removed as an officer and director of the company.

Since then, Mary Franco has filed suit in federal court and foreclosed on the property's mortgage - and at least one other company aside from Pellicciotti's has tried to obtain a city waiver to operate there.

Meanwhile, Philadelphia Waste Services is still listed on paperwork as operating at 49th Street, although it is unclear what kind of business it is conducting.

But in May, the DEP wrote a letter to Philadelphia Waste Services. It was addressed to "Ms. Carmine Franco," and in it DEP officials wrote that they had recently inspected the property.

They then informed Franco that they were citing her for illegally storing waste materials.

 

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