THE PEABODY ADVOCATE – Friday, December 22, 2017

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Friday, December 22, 2017

City Council approves Farm Ave. proposal despite opposition By Christopher Roberson

in the air and a Nuisance Control Plan will be implementuring its final meeting of ed as well. However, abutter Emmanthe year, the City Council voted unanimously to grant Mi- uel Papanickolas took issue chael Weiss, president of Weiss with the parcel’s right-of-way Commercial Property Services, and said that Weiss had been a Special Permit for his mulch pumping water onto his propand compost business on Farm erty. “He went storming in to acquire this piece of property Avenue. Prior to the vote, Attorney without really exploring the Jason Panos, counsel for Weiss, problems,” said Papanickolas, said his client has been in the adding that the right-of-way landscaping business for 30 was “never effectuated withyears, having spent 25 of those in 20 years.” Regarding the water being years in Peabody. “He has a solid reputation as a clean and re- pumped onto his land, Pasponsible operator who does panickolas said he contactnot cut corners in his work,” ed the Department of Public Works, which told Weiss to said Panos. He said that in addition to stop pumping. However, Pabeing “less intense” compared panickolas said, Weiss started to the surrounding businesses, moving water once again usa water tank will be installed to ing a culvert. “That’s the situareduce to the amount of dust tion; they didn’t tell you that,”

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Lowell Street project stalled by density concerns By Christopher Roberson

ing that it would be a pork chop lot. In addition, Cassidy he proposal to divide said there would be 16 resithe parcels at 299, 301 dent vehicles, which would and 303 Lowell St. into eight trigger a “substantial trafsmaller lots will need to be fic impact.” “This is a really revamped according to a re- bad stretch of Lowell Street; cent decision from the Zon- the board must deny this,” ing Board of Appeals (ZBA). he said. Laperle said the accident During their Dec. 18 meeting, Attorney Athan Vontzalides, rate is already too high in counsel for the project appli- that part of the city. “It’s cants, said the plan was “quite tough enough to get onto simple,”adding that his clients Lowell Street,” she said. Peabody resident Timointended to split the parcels up in a way that would not thy McGuire said another be disruptive to the neigh- side street would bring its own set of problems. “You’re borhood. In response, ZBA Mem- talking about a road that is ber Barry Osborne said he another dead end,” he said. had serious concerns about “People are going to use that housing density. “The den- as a turnaround.” Additional concerns were sity is what I’m having the most problems with,” he raised about snow removal, said. “Is there any way we pollution, noise, storm water could come to a middle runoff and a possible wetlands violation. ground?” After hearing from resiAttorney Brian Cassidy, counsel for abutter Shei- dents and ZBA members, la Laperle, said Vontzalides’ Vontzalides asked that the clients have requested nine hearing be continued to variances for four two-fami- Jan. 22, 2018. “I realize this ly buildings totaling 11 units. board has not entertained He also said there would pork chop lots in the past,” only be 20 feet of frontage he said. “We’re willing to go on Lowell Street, indicat- back to the drawing board.”

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he said. “Regardless of how you vote, this issue is going to be litigated in court.” Therefore, Papanickolas suggested that the council table the matter until a legal decision is rendered. In response, Panos said Papanickolas was “absolutely wrong” in his comment about the right-of-way, saying that there has been an easement on the property since 1971. Ward 6 Councillor Barry Sinewitz said the concerns raised by Papanickolas exceed the purview of the council. “It’s not this council’s job to adjudicate a right-of-way; that has to be done in court,” he said. City Council President Joel Saslaw said Weiss had done everything that was required to obtain a Special Permit. “He has gone through every hoop; he has done everything asked of him,” said Saslaw. “Sometimes two people don’t get along.”

Ward 1 Councillor Jon Turco asked why water was being pumped onto Papanickolas’s property in the first place and what would be done to ensure that it does not happen again. Weiss said he pumped water onto the neighboring lot because there was not a catch basin on the street, and the nature of his business has changed so that it is no longer necessary to pump water in that direction. “We’re not going to pump the water on his property; we don’t need to,” said Weiss. Other City Council news In other news, the council voted unanimously to authorize Mayor Edward Bettencourt to proceed with the purchase and demolition of the building at 10 Lowell St. Prior to the vote, Councillor-at-Large David Gravel suggested that a restriction be in place that would prohibit the property from being used

for residential or commercial purposes and keep it as open space. “I do believe that building is an eyesore,” said Bettencourt. He said that in addition to having the property as open space, it will also be useful for flood mitigation work. Bettencourt will also be applying for a grant from the state Parkland Acquisitions and Renovations for Communities (PARC) Program to fund the city’s RiverWalk project, which would run between Main and Walnut Streets. However, before the project can get underway, Bettencourt said, the city would need to purchase the property at 24 Caller St., which is currently owned by Clark Steel Drum Co. “This is a key parcel,” he said. Bettencourt also said he could not guarantee that a purchase and sale agreement will be reached. “Negotiations might just break apart,” he said.

‘Twas Kids’ Night at Kelly’s

SEE YOU SOON: Megan and Mave Stowell are all smiles with Santa during Kelly’s Roast Beef’s Annual Kids’ Night Holiday Party in Saugus on Monday, December 18. (Advocate photo by Al Terminiello)


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