Framingham Residents And 3 City Councilors Sue ZBA Over Tow Lot

FRAMINGHAM, MA — A group of residents, including three City Councilors, filed a lawsuit against the Framingham Zoning Board of Appeals. The lawsuits centers on a tow lot on Leland Street and the Zoning Board of Appeals decision to give a realty group permission to use the property as a tow lot. The three City Councilors named in the suit are District 7 City Councilor Margareth Basilio Shepard, District 8 City Councilor Judith Grove and District 9 City Councilor Edgardo Torres.

A total of ten residents, including the councilors, are named in the suit, which was filed not only against the Zoning board of Appeals but against Robert Lopez and R.M.L. Realty, the owners of the 138 Leland Street property. Councilor Grove told Patch she has been handling the case herself and representing the residents. City Solictor Chris Petrini is representing the Framingham Zoning Board of Appeals.

The residents in the lawsuit are trying to appeal the board's decision, going back to April, to allow the property to be used as a tow lot. The complaint asks the court to "uphold the City of Framingham Building Commissioner’s determination that the proposed use for the site allowing for the storage of vehicles is a Prohibited Use."

The first court appearance for the case was on Tuesday. The complaint states the overturning of the building commissioners decision sets a harmful precedent by the ZBA and further, questions the boards authority to make the decision.

Grove said part of the legal proceedings included determining if lawyers could negotiate a middle ground between the parties. "We didn't want that, there's nothing in between," she said, "Half a tow lot is still a tow lot."

Concerns surrounding the lot include a possible decrease in property values in the area, noise pollution and a potential hazard to abutters, including Woodrow Wilson Elementary School. Grove has insisted that the lot could be a danger to students walking to school, but the school district has made no complaints about the lot.

Sam Scoppettone, planner and Zoning Board of Appeals administrator said the board could not comment regarding ongoing litigation, but clarified that all abutters within 300 feet of the property were notified, per state and local law. The complaint disputes this, claiming Woodrow Wilson elementary school was not properly notified and a notice was sent to an incorrect address.

Scoppettone said all abutters were sent notices of a public meeting and several residents came out to voice their concerns. "To my knowledge, the School Department did not comment," he said.

City solicitor Christopher Perini offered a statement, "The City is defending the ZBA decision in question. The successful permit grantee is taking the lead in this litigation as per ordinary practice. Other than this, the City does not comment substantively on pending litigation."

Grove said the lawsuit highlights a larger issue of zoning on the south side of the city. "We already have a triangle of junkyards," she said, "The area doesn't need more." In 2014, Framingham's Master Land Use Plan highlighted a need to redevelop the south side and bring in a variety of businesses and uses to the area. The complaint makes mention of the 2014 plan:

"Plaintiffs state and allege that the ZBA has applied blatant disregard for the Zoning regulations to justify their decision to allow a Prohibited Use in an environmentally disadvantaged neighborhood and that the consequences will result in not only substantial detriment to the public good but that such use substantially derogates from the purpose and intent of the Framingham Zoning By-Laws and 2014 Master Land Use Plan, thereby setting an irreversible precedent for land use that will prevent the proper redevelopment and intent to place higher and better uses in the District."

Grove said she and the other residents realize the lawsuit will take a significant amount of time, but she plans to garner more support from other Leland Street neighbors.