Hi all, Although the buck stops at Chris - sometimes it is helpful to start bringing in the other players - the lumber company. "Oops, I was only following orders. Oh, you're going to my company's name in the paper". As a licensed company in the state of MA (are they?), they are responsible for their work. If a lawsuit was about to happen, every party would be named. Maybe the parties should be named sooner. By the way, I have the name of a nursery that does "LARGE" tree plantings. And the beat goes on....and on....and on!! Leslee ----- Original Message ----- From: "Steven W. Orr" <[EMAIL PROTECTED]> To: "Framingham Neighbors" <[EMAIL PROTECTED]>; "Danforthfarm Neighbors" <[EMAIL PROTECTED]>; "Precinct 1 Town Meeting Members" <[EMAIL PROTECTED]> Cc: <[EMAIL PROTECTED]>; "Jay Grande" <[EMAIL PROTECTED]> Sent: Friday, July 26, 2002 11:19 AM Subject: Followup on tree cutting on Doeskin II and Kevin Circle.
> Below is the article that appears in today's Wetro West Daily News. I have > interspesed by comments on the article and I'm begging all of you to > please send a message to > > Jay Grande <[EMAIL PROTECTED]> > > who is the Planning Board Administrator to let him know that you are in > favor of getting ticketing powers for the Planning Board. > > > Crossing the line: Neighbors want developer to pay for cutting down trees > on their properties > > By Peter Reuell > Friday, July 26, 2002 > > FRAMINGHAM - The contentious developer of a controversy-dogged subdivision > is in hot water again, this time for crossing onto neighboring properties > and cutting down dozens of mature trees. > > Neighbors of the Carter Drive project say crews working for developer > Chris Kotsiopoulis came more than 100 feet onto their land , taking down > as many as 50 trees on one property. > > [The real numbers are 105 feet and 59 trees on one of the two properties.] > > The incident caused an uproar at a Planning Board meeting this week, with > members effectively halting work until the issue can be resolved. > > In the meantime, neighbors and supporters are contemplating legal action > and clamoring for wider enforcement powers for the board, including the > ability to issue tickets to developers who fail to abide by the board's > rulings. > > "I don't want to be a thorn in their side, but I want them to take > responsible action to protect the interests of the abutters as well as to > develop the land," said Carter Drive resident Gerald Harting. "I certainly > always have been upset that it was clearcut." > > Harting, whose property runs several hundred feet uphill to the edge of > the subdivision, discovered the cutting several weeks ago, and quickly > informed other neighbors. > > Kotsiopoulis could not be reached for comment yesterday, but his partner > James Frangoulidis said crews made mistakes in crossing the property > lines, but said the company is committed to correcting the error. > > "It was an accident, and we want them to tell us what they want," he said. > > [It absolutely was not an accident. An accident is a few feet. Consider > the following facts: > * The amount over the property line is 105 feet. > * The number of trees on one of the properties is 59. > * The amount of potential property value increase for *each* of his lots > is in the neighborhood of $400,000. > The is deliberate, willfull and negligent. He did it. He did it with > intent and he enjoyed doing it.] > > It was not the first time Kotsiopoulis had run afoul of neighbors, and not > the first project in which it had happened. > > Earlier this year, board members received reports of trees being taken > down in a "no-cut" zone and buried on the property, sparking several > heated exchanges before the board. > > [Burying trees is illegal. He was made to dig the trees up by the > Building Department, first claiming that he didn't do it and then claiming > it was an accident.] > > In a similar tree-cutting incident, Kotsiopoulis several years ago denuded > a property off Wayside Road. A sudden rainstorm following the cutting > caused a major landslide, destroying a nearby vernal pool. > > [Once again, not his fault. It was the contractor who did it and he was > fired. What was it that Harry Truman once said?] > > Prompted in part by that incident, members of the Conservation Commission > asked Town Meeting for enforcement powers similar to those now > contemplated for the Planning Board. > > But turning those powers over to the Planning Board may be easier said > than done. > > "I'm not aware of any board that have that type of ticketing authority," > Planning Board Administrator Jay Grande said. > > Under the current law, the board's only recourse is an 81W hearing, > essentially a public hearing that can alter or rescind a subdivision > approval, Grande said. > > The trouble is that process can drag on for months, and often results in > more legal wrangling. > > "It's very difficult ... and legally problematic to go through the lengthy > hearing process," he said. "That might stop the subdivision, but you still > have the end result, which is an incomplete subdivision with violations." > > If the board does plan to seek ticketing power similar to the Conservation > Commission, Grande said, it will require some serious research. > > Board members yesterday said they sympathize with frustrated neighbors. > > "I think part of the difficulty the neighborhood was having was they were > hoping the Planning Board would either be able to shut the developer down > or be able to impose some kind of penalty," said Chairwoman Helen Lemoine. > > [Yes we were. And the bottom line is that even though the Planning Board > does have the ability to slow the developer down using delay tactics, they > really need our help by showing support for their need to issue > citations.] > > Hearing of another problem with the project is troubling, she said. > > "The board was really disturbed by what we heard ... from the neighbors," > Lemoine said. "Especially in light of the fact that there have been > similar incidents with this applicant on other properties." > > The board may not be able to penalize Kotsiopoulis for the cutting, but > members this week made sure the project isn't going anywhere until the > problem is resolved. > > At a meeting this week, the board asked Kotsiopoulis to do a full survey > of the property. Until that's done, Lemoine said, the project won't move > forward. > > "Until we get that we will do absolutely nothing further on the property," > she said. > > Board member Sue Bernstein yesterday also expressed concern with the > dramatic amount of filling being done on the property. > > According to Kotsiopoulis's own engineer, the project will use about > 10,000 cubic yards - or about 1,000 truckloads - of fill. The sheer volume > has neighbors fretting, with some questioning its source and quality. > > [17,000 cubic yards at 27 cubic yards per truck == 630 truckloads. The > road will guaranteed end up being destroyed by the overload. And guess who > ends up paying for redoing the infrastructure? The devloper? No way.] > > "I have no idea where it's coming from, but I believe the Planning Board > has requested the developer provide information about as to precisely > where it's coming from," Bernstein said. > > [But without enforcement powers, he could bring up polluted waste from > Boston Harbor and the Planning Board would not be able to fine him.] > > "It's unfortunate when a developer does not respect the ... value of the > land in terms of retaining as many trees as possible, and have a more > aesthetic approach than this particular developer," she added. > > [He only has one aesthetic value: The color of green money.] > -----------END OF ARTICLE FROM MetroWest News.--------------------- > Please add your voice by sending jay a message of your support. > > Thank you. > > -- > -Time flies like the wind. Fruit flies like a banana. Stranger things have - > -happened but none stranger than this. Does your driver's license say Organ > -Donor?Black holes are where God divided by zero. Listen to me! We are all- > -individuals! What if this weren't a hypothetical question? [EMAIL PROTECTED] > > > [ 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] [ 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]
