To the Town of Framingham Massachusetts Zoning Board of Appeals, care of the Honorable Phillip R. Ottaviani, Jr., Chairman:

From The Oaks Neighborhood Association (ONA) of Framingham Massachusetts, it's members and officers.

Regarding: File # 05-41, 597 Old Connecticut Path, D & D Mulch & Landscape Inc. PO, RP, SC, CL, Special Permit to allow use of proposed concrete batch plant

RESOLVED

Whereas, 597 Old Connecticut Path is in close proximity to the Oaks Neighborhood of Framingham and its many families and residents, Reardon Park, the Cochituate Rail Trail, conservation land and water, and local businesses that would be negatively impacted by the location of the proposed concrete batch plant;

Whereas, the proposal to develop the concrete batch plant at this site has been denied by the Building Commissioner of the Town of Framingham for its failure to satisfy the provisions of Section III.G.2 of the Framingham By-law, since the proposed use might be "offensive because of injurious obnoxious noise, vibration, smoke, gas, fumes, odors or other objectionable features;"

And whereas 597 Old Connecticut Path, while zoned as manufacturing, abuts a residential zoned area as well as local businesses that will be negatively impacted by the installation of a concrete bath plant at this site;

And whereas, the plant would inevitably introduce unacceptable risks to the safety and health of neighboring residents, as well as unacceptable consequences for the abutting businesses (dust, noise, trucks, and other offensive intrusions) and the natural environment surrounding and in some sections included within the proposed site;

And whereas, Boston Sand & Gravel will be working primarily with concrete dust, which is extremely hazardous to human health since it damages lung tissue due to its microscopic and toxic characteristics, and whereas concrete dust particle exposure is associated with silicosis since there are carcinogenic silica particles in the concrete;

And whereas, concrete batch plants produce tremendous amounts of dust, most notably crystalline silica, which has been designated a Level 1 carcinogen by the International Agency for Research on Cancer, and which would travel by air unavoidably to nearby residences and businesses;

And whereas, the intrusion on a permanent basis of a new fleet of very large and noisy trucks carrying exceptionally heavy industrial loads of construction material and emitting offensive, unhealthy, and unsafe fumes in a highly sensitive natural setting and neighborhood would significantly increase the environmental problems in an area already overburdened by commercial trucking;

And whereas, sound-level tests produced by the applicant were taken in optimal conditions while all foliage was on the trees (which act as a natural sound buffer only when present), and still the noise registered at 57 decibels on Maymont (a street near the proposed plant and the location of Reardon Park), which is only 2 decibels below the restrictive level of 59, causing grave concerns regarding a potentially dramatic and unacceptable increase in noise pollution;

And whereas, a concrete batch plant, with a proposed 75-foot tall silo, concrete block borders, sterile architecture, and heavy machinery, are not consistent with the aesthetics of the area and would stand-out as an "eye sore";

And whereas, a concrete batch plant in or near a residential community could severely reduce property values;

And whereas, any success realized by this concrete batch plant enterprise would likely result in increased hours of business operations, with the consequent noise and air pollution extending into the early morning, evening, weekend, and holiday hours, many of which are times of high utilization of the park and trail;

And whereas, current Framingham By-laws are simply inadequate and ineffectual for enforcing any restrictions that might result from the permitting process, which could result in violations that would endure despite their injurious impact on the local environment, neighborhood, and businesses;

And whereas, Boston Sand & Gravel and it's subsidiaries were fined $1.3 million in 2002 by the Environmental Protection Agency (EPA) for dumping hazardous waste into various waterways and rivers, violating the Clean Water act on multiple occasions, raising serious concerns about its commitment to protect the environment, particularly in the area proposed, which includes a protected watershed and nearby Lake Cochituate;

And whereas, an abandoned trailer on the grounds of the Boston Sand & Gravel in Cambridge in 1997 was the site of a tragic murder involving a homeless woman, raising serious questions about how well BSG maintains their facilities and secures their sites;

And whereas, the granting of this permit for a concrete batch plant at 597 Old Connecticut Path will not likely result in any significant new financial benefit for the town of Framingham;

We, the Oaks Neighborhood Association (ONA) of Framingham hereby resolve that we strongly urge the Framingham Zoning Board of Appeals to DENY the Special Permit applied for by D & D Mulch & Landscape Inc. to build a proposed concrete batch plant at 597 Old Connecticut Path. The ONA hereby resolve that we support only those uses of 597 Old Connecticut Path that are endorsed by the ONA, and only those uses that do not present risk to the health and safety of our community and our environment, and only those uses that enhance our community and our respective property values.