A few weeks ago, ChrisCo went and cut down every blessed tree over on
the Doeskin II (D2) site. This was done despite promises that were
made to the Planning Board. The Planning Board immediately issued a
cease & desist order which was done for the purpose of securing a
drainage proposal that would now handle the newly denuded
mountain. The submitted proposal was rejected and a new one was
subsequently accepted based on the criticisms of the Planning Board.

Last week, Gerald Harting observed something interesting: Because he
knew exactly where his lot lines were, he knew that none of his trees
had been cut. However, it was obvious to him that a lot of trees
*had* been cut which were not part of the D2 property. Eventually
Jean Havel and the Sigels from Kevin Circle both decided to have
their lots surveyed. Prior to the survey, the so-called developer
decided to go door-to-door to express mea culpas on the off chance
that he *might* have made a mistake by cutting a *few* trees that were
over the line. He even went so far as to present Jean Havel with a
letter to that effect.

Today, the survey was done. It took the entire day to complete, but
the results showed the following result:

* He had gone over the boundary in excess of 60 feet and cleared all
  trees in that portion of the abutters property.

* Most of the logs had been removed, but there are some trunks left
  lying on the ground. Thankfully, all of the stumps are still there.

* Siltation control fences which ran along the real property
  boundaries had been run over to get to the trees that got cut.

* The trees that were cut blocked the view from the top so that by
  removing them, the presumed value of his lots would realize
  property value increases well into six figures.

It is extremely clear that the removal of these trees was completely
deliberate. This, along with all of the other incidents on Wayside
Circle represent a pattern of willful and deliberate behavior.

Tonight the Planning Board met to decide on releasing a $160K bond of
his that had nothing to do with the tree cutting. The neighbors used
this opportunity to express their views on what should happen. The
Planning Board felt (not unanimously) that there was nothing that
they could legally do, though it urged the people who had been harmed
to pursue the matter in the Courts.

The Planning Board asked for (no demanding because there are no
enforcement powers) the developer to have the entire boundary of the
property surveyed. In addition, they asked that the developer report
on additional properties where trees had been illegally cut so that
all of the abutters who are affected can be properly informed.

If you think that you might have lost some of your trees, please
contact the Planning Board to let them know that you might be
affected. You will have to decide if the survey done by the
developer's engineer is going to be adequate. In addition, I urge all
abutters to get proper documentation on the state of your
property. This documentation may not be limited to photographs. If
you know people who are abutters who are not on this list, please let
them know about this issue. 

As for the (latest) parties who were damaged, we all wish them the
best at pursuing this matter, both civilly and criminally, but we also
wish that they weren't forced to in the first place. Clearly it's
time for the Planning Board to be empowered with the ability to
enforce the rules of the developers that come to them for approval. 

I'd be happy with a ticketing power for the Planning Board called the 
Chris Kotsiopoulis Memorial Enforcement Article. In the entire
history of Framingham, there have been both good and bad
developers. But this is the first time that the Planning Board
and the Conservation Commission both had to take extraordinary
measures to acquire the needed ticketing powers. The Conservation
Commission completed the acquisition of their ticketing powers last
year. Hopefully we'll have the Planning Board ticketing powers
squared away at the next Town Meeting.

-- 
Some people are born with physical defects like a missing limb or a
defective heart. Some are born without a conscience. We call these
people sociopaths.

[ To unsubscribe, send email to [EMAIL PROTECTED]?body=unsubscribe
Archives available at http://www.mail-archive.com/
For help send mail to [EMAIL PROTECTED]
Web interface at http://frambors.syslang.net]

Reply via email to