Frasier Road Subdivision Hits Snag, Public Hearing Next Week
Aug 28, 2015 10:41AM ● Published by Bill Gilman
Tewksbury Town Hall
Earlier this month, Tewksbury officials ordered developer Arnie Martel to stop removing some 20,000 cubic yards of ledge from a site on Frasier Road until he receives a land disturbance permit. the Planning Board has scheduled a public hearing on Martel's permit request for 7 p.m. on Monday, Aug. 31, at the Temporary Town Hall.
Martel is planning to build 25 single family homes on the Frasier Road land and the removal of the ledge is a key component of the project.
The sheer scope of the earth-removal project sparked complaints by the North Tewksbury Association, who allege that the work being done and the flow of trucks to and from the site are disrupting the neighborhood.
In an interview with the Town Crier, Attorney Karin Theodoros claims the activity generates nuisance-level noise and even causes homes to shake. She says the volume of earth removed and trucks involved amounts to a professional sand and gravel operation, which zoning by laws do not allow in that area of town.
Martel has denied those allegations and said he is simply trying to remove the necessary amount of ledge so that he can complete the project.
Town officials agree that Martel is not running a sand and gravel operation. However, they did determine that the land disturbance permit was needed. While new land removal has been forbidden since Aug. 10, Martel has been allowed to continue other facets of site work.
"Since this is an active approved subdivision with an approved Stormwater Pollution Prevention Plan and Order of Conditions from the Conservation Commission the developer is still allowed to work on the site and address the current stockpiles of dirt and stone," wrote Town Manager Richard Montuori, in an email to the North Tewksbury Neighborhood Association and other concerned residents. "Under the current approvals, bylaws and regulations he is allowed to crush stone on site, sift material and remove the material from the site from these stockpiles but he cannot disturb the earth to create new piles until he receives a Land Disturbance Permit. Also under the Town’s By-laws he can operate Monday through Saturday 7AM to 7PM. He has indicated he will start working tomorrow and he will have no more than 5 trucks coming to and from the site throughout the day to address the current stockpiled material as mentioned above and crush stone."