This issue is multi-faceted and I want to make sure we direct it to the correct person. Firstly, however, I am going to close your previous issue so we can just work off of just one ticket. They both seem to be concerned with the same problem. Next, you are reporting potholes, scenic roadway concerns, traffic enforcement issues and zoning concerns. If I am understanding this correctly, the core of your issue seems to be that you questioning the ability of 131 Framingham Road to have oversized vehicles housed/operating from that location. This issue then is subsequently causing the secondary concerns regarding potholes, potential traffic violations and scenic roadway issues. What I am suggesting is that we first address the issue of zoning. The person I am going to assign this issue to first is out Code Enforcement officer. After we have worked the issue from that angle, we can determine who, if anybody, needs to review it next. DPW 508-624-6910

Program Administrator assigned this issue to Code Enforcement

I'm sure the sign is for 2-1/2 ton capacity, not gvr, a Ford f-350 pick up has a gvr of 9500. Even a 150 weighs more than 5000 lbs. Just to put it into perspective because a ton is 2000 lbs. If the sign was for the gvw you would eliminate most vehicles on the road.

it is for commercial vehicles over 2 1/2 of which any pickup with a 10 foot trailer is. Definitely of which a 25 foot Penske rental truck is . The street is not zoned commercial so there should be no manufacturing. the trailer gets used by multiple trucks which makes it a depot,also not allowable usage in an area zoned residential. Home businesses are allowed but delivery and pickup by trucks over 2 1/2 tons of product for a manufacturing is not allowable usage as home business in a residential area

That means no one can have a contractor paint their house. A standard work van is well over 5000 lbs. A Penske truck is as well, you are correct on that. But that would mean no local deliveries, so you would have to bring your own washers and dryers as well as mattresses and the such. Local Deliveries are usually permitted, but not allowed to just travel through. Again that would mean no F-150 pickups, so also no landscapers. Even a Hyundai Santa Fe weighs over 5300 lbs. If the Penske is delivering it would be ok, if they are driving through it is not ok. I have driven commercial before and that's what the signs mean. It represents capacity not GVW. I agree with you on the fence matter, I hate to see old classic things go away. There needs to be some character left in this world. Although I'm not quite sure Framingham and Farm roads are considered scenic routes.

it

local deliveries are permitted.Businesses are not. If you have a home business that requires large trucks for pickup and delivery it is a manufacturing facility which is not allowed. if you are running a business that requires a work trailer it is over 2 1/2 tons so it is not allowed. framingham rd is designated a scenic road by the state. Fences can only be altered after state approval.The city also requires a permit to build,alter or remove a fence. The fence is also a lot marker so a survey,written consent,and changing the deeds to note the change and new marker would also be required.

to the program administrator re other report. It is not the side doing construction. I have already went to the police when one of the multiple trucks that use the trailer ran over a post that I had put up with a no trespassing sign. I showed them a video and I was told there was nothing they could do ,it was a code enforcement issue. I also noticed yesterday they cleared behind the garage. that is protected watershed area. I am pretty sure like the new construction who was seeking a variance, they would need one also

that was report 1568607. That is the wrong side of our house 131 is 2 houses to the left of walker brook estates hidden from the street.

The issue has been referred to Code Enforcement. Let's start there and patiently await their determination on the matter.

As the report knows this on-going issue is a civil matter between neighbors. The large delivery truck was a one time issue and was at the location less than a few hours. In the meantime, the issue of the wall is also a civil matter as it does not raise to the level of the Scenic Road Act. While Framingham Road is indeed considered a "scenic road" , a reading of the ordinance would show that in order to be considered there would have to be a removal of over 10 (ten) linear feet. Additionally the Planning Board does not consider any stone walls but those that immediately abut the city layout.

Open

The truck was not a one time issue. trucks, and go from there. If you would like I can send you video when they do. Deliveries for manufacturing even light manufacturing are zoned for this area. Removal of the fence without a permit is also not simple and only finable by the city not me. I would hate to think this is being swept under the rug because he is a city employee. there are two trucks that come and go with an attached trailer making the vehicle over two and a half tons. 1 has commercial signage

I mean they are not zonedfor this area for light manufacturing

please explain to me how failing to get a permit to build remove or alter a fence wguch has a fine from the city of 10 dollars a day is a civilian issue. this is a town ordinance unless you are yelling me the fine is collectable by me, then I will take him to court to collect the fine.

* I mean civil issue

270-27 A fine of $10 per day shall be imposed for violators of this article, commencing with the 10th day following constructive delivery of a violation notice from the Building Department.

Carpenter ,according to the the state, is not a customary home occupation. No manufacturing or delivery of products to be manufactured should be delivered to 131 Framingham rd. Look at his original building permit it is for garage/misc. which means he,as a contractor falsified a permit in order to build an oversized structure for the expresa purpose of manufacturing in a neighborhood not zoned for it.

The stone wall contains either less than one (1) cubic foot of wall
material above grade at the lower foot of the wall per linear foot or the
stone wall is less than ten feet (10’) in length; As the wall had a boulder that was 3 feet high and nearly four feet long and was placed there by the city when the road was widened to maintain the lot seperation ,it does fall under the removal of more than one cubic foot along the foot. The stone fence is also shown in the cities GIS survey because it goes through the protected wetland zone.

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Boge he is ruining the road. Also this app is not a forum for your opinions. It is to report issues.

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Last summer he had 2 trucks parked on Beverly drive and came from walker street with a forklift to unload them from across the street .This is not a one time event as told to the code enforcement officer. all the town needs to do is check with the police he was stopped by the police while on the forklift.
Boge F. Read your user agreement.

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Please look at your user agreement..If you continue to close this issue not only can your account be suspended but the program administrator can report your email, phone and I.P to local authorities.I can only assume you are the homeowner

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thr issue was noy closed by the moderators it was closed by Boge F. Read your user agreement. If you font believe an issue has been resolved you are allowed to reopen it. What this is not is a public forum for the homeowner or his friends ,Boge F, PC50 to spout opinions.

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GIS survey Data is exact to within 6 inches. deeds list the markers of which the fence is one of them. Removed without a permit or change in the deed. As a contractor and city employee he should be following the regulations. Twice ,once to my mother and once to me he has stated" I can do whatever I want I work for the city"Read the registry of motor vehicles policy regarding GVW over roadways. It includes trailers. otherwise fifth wheel pickups could go up and down any road carrying a 40 foot trailer because the truck was under the GVW. So if you have no connection to the issu and are not friends and the 2 comments are from an account started today, how do you not know my neighbor.

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he has never had a survey

his trailer is now currently parked a state floodplain that has been cleared without a permit or hearing

One of you would have to have a survey to prove property lines. If code enforcement says there is no violation you would take it to the court level. Continuing commenting on here won't help you. If there really is a violation the courts will find it.

the lawyers has told me the town needs to enforce the fence ordinance first. Otherwise I need to sue the city

Then my advice to you is to have a survey done and bring the results to the city first. If that doesn't work, do what you have to do. But continuing the issue in here won't help. File a police report saying you're neighbor is taking down your fence/wall. Although I'm sure they'll tell you to have the lot surveyed to prove property lines first.

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1/2 ton pickups have a load capacity of 3600-4300 with a 10 foot trailer an additional 12,000. That is well beyond the 2 1/2 ton restriction.

The city's Code Enforcement Officer has determined that are no current violations of Marlborough's zoning laws nor any violations of city code being committed. As far as traffic violations, I would refer all interested parties to the general code of the City of Marlborough, Chapter 586 Subsection 14. This clearly states that heavy commercial vehicles may be allowed to make deliveries on roadways with truck exclusions. If deliveries are being conducted in a manner that poses a danger to other vehicles or pedestrians, than the police should be notified and they can enforce any existing traffic regulations.

As far as any stone walls/scenic roads are concerned, it has also been determined by Code Enforcement that that does not apply in this case. IF there is damage occurring to property, than that becomes a civil matter. As a course of action, the determination of property lines will have to be established. DO NOT USE the GIS for the determination of property lines. It is for GENERAL planning purposes only. A survey conducted by a registered land surveyor will be required to establish the legal boundaries of a property. Also bear in mind that the City's right-of-way (the public right-of-way) can often extend further into what is commonly perceived as private property. Again, that will have to be established by a surveyor, not GIS, and not hearsay.

If you feel that involving the City Council is your logical next step, I would suggest that you contact your ward councilor prior to attending any council meetings. Ward 2 City Councilor is Robert Page. He can be reached at 508-481-2476. Discussing this matter with him and perhaps arranging a site visit prior to any formal meetings would almost assuredly be in your best interest.

Lastly, I want to make something very clear. If someone is an employee of the City of Marlborough, they are subject to the very same rules and regulations as EVERY resident of the city. There are NO exceptions and we do not treat anyone differently. If they think they are above that somehow, they are sorely mistaken.

This is an unfortunate situation. I would suggest that the only real recourse here is that neighbors (all of them) try to learn to live together as best they can, as neighbors should.

I am closing this issue as of now. This service is for reporting issues to the city and allowing us to respond in kind. We have heard the reports and determined that there is not a violation taking place at this time. We have suggested a further course of action if the reporter chooses to pursue it.

Program Administrator

Mission Statement

The Office of Inspectional Services provides assistance to individuals and contractors wishing to do construction in the City of Marlborough. The office also serves to enforce regulations of the city’s Zoning Ordinance, sign ordinance, fence ordinance and the Commonwealth of Massachusetts State Building Code.

it was not a delivery they picked up finished product that was manufactured in his "garage"

I had also put up pictures of his vehicle with the enclosed trailer that violates 586-14 that is not a truck making deliveries