Station owner denies claims about the 80 portable potties
| By Ellie Oleson CORRESPONDENT |
| | |||
| |||
|
OXFORD— There’s some dirty business going on at a local gas station, though it is perfectly legal, according to the owner. Some neighbors disagree.
The main concern is with 80 portable toilets stored and rented at the gas station, which is located at 484 Main St. Who governs the use of these devices is in question.
Tom Lyons, spokesman for the state Board of Health, said Friday, “There is no direct law or regulation governing portable toilets.”
He said local boards of health may use the authority provided in the “nuisance statute,” which gives them the power to investigate all nuisances, sources of filth and causes of sickness; and the housing code, which states that boards of health may approve the use of portable toilets.
In other words, the state has nothing to do with portable toilets, unless there is a sewage spill, in which case the Department of Environmental Protection would likely step in.
The Planning Board issued a permit, in July 2007, to George and Mary Papageorge, owners of Kalami Fuels and Action Oil and Septic, “to store portable toilets, oil trucks and septage hauling trucks” at a Mobil gas station at 484 Main St., according to David M. Manugian, town planner/engineer — who pointed out that it is a commercial property.
The Papageorges said that “business is all right,” except they are tired of being harassed by their neighbors.
The problem is that the commercial property is located in a residential neighborhood, directly across the street from the Oxford Middle School and Carbuncle Pond, the principal town public swimming place.
Richard M. Kneeland of 491 Main St., a town constable, traffic control officer and former reserve police officer, lives across the street from the Mobil station. He said he is concerned about the safety and health of schoolchildren and swimmers.
He regularly takes photographs of work he considers to be illegal at the Papageorges’ Mobil station, always documenting the time and date. He said he has called the town and local police to report problems with the Papageorges several times.
“I have seen them pumping oil from one truck to another. I have watched them pumping sewage from one truck to another. I have seen them pumping out portable toilets. They come in and out with the toilets all day long. The smell is awful sometimes. Children going to the middle school cross the street at the crosswalk in front of that gas station. They and the neighbors have to deal with the smell,” Mr. Kneeland said.
Mr. Papageorge said he has 80 portable toilets that he rents for use at various construction or other outdoor sites. Empty toilets not in use are stored behind the gas station garage.
Mr. Papageorge admitted that in the past he has pumped sewage from a small truck to a larger truck at his Main Street site before taking the septage in the larger truck to the Upper Blackstone Water Pollution Abatement District sewage treatment plant on Route 20 in Millbury.
“It was done here, but it is not done now, and it won’t be done in the future,” he said.
He said that Mr. Kneeland was mistaken when he said Mr. Papageorge had hosed out portable toilets on-site.
“The hose Mr. Kneeland saw was a hose being repaired,” Mr. Papageorge said.
Mrs. Papageorge said, “It makes no sense for us to pump out the toilets here. We do it at the rental site before picking up the toilet. Why would we want to carry a full toilet down the road? It makes no common sense.”
Mr. Papageorge said, “This is my office. I don’t want to smell sewage. The only time there is a smell is when we pump our septic tank.”
Mr. Papageorge said he is “tired of being harassed” by his neighbors and is taking action. He said he will seek a no trespassing order against Mr. Kneeland in Dudley District Court forbidding Mr. Kneeland from coming onto his property.
Mr. Kneeland said he has no plans to go on the Papageorges’ property, but he will continue to take pictures and document times and dates of what he considers illegal activity.
Pauline L. Pinkham’s home and yard at 6 Newton St. abut the back of the Papageorges’ business. From Mrs. Pinkham’s yard, the top half of several portable toilets were clearly visible behind a low fence on Thursday.
“I bought my house the same year the gas station was built 53 years ago. I’ve never had a major problem until now. I’m poor, but I’m not stupid. I don’t think the town knows what he is doing. He pumped the little sewage pumper into the big pumper. Every time he does it, you gag. On July 15, the smell was overwhelming. He’s not supposed to pump anything. It’s against the law. I want to know what the town is going to do about it. He’s degraded the value of my property. I’ve applied for a (tax) abatement. This has to stop,” Ms. Pinkham said.
Mr. Manugian said that conditions of the Papageorges’ special permit include putting up a fenced enclosure to screen the portable toilets from view of neighbors.
“Mr. Papageorge was to have the fence up by the end of July or remove the toilets, or we would start legal action. Once the conditions are met, they could bring back the toilets,” Mr. Manugian said.
He said a letter sent to Mr. Papageorge in mid-August reminded him to remove the toilets.
Mr. Papageorge said he plans to erect an 8-foot fence behind his property soon.
Another requirement not yet fulfilled is to put up an oil containment area with an oil-water separator where Mr. Papageorge’s oil and sewage trucks are parked, Mr. Manugian said.
James F. Malley Jr., town health inspector, said the Board of Health is also involved.
“We are working with the state Department of Environmental Protection on this. We do not allow pumping of portable toilets at 484 Main St., but there aren’t a lot of regulations governing this. We are working with the DEP to come up with local regulations. It is also not legal to pump oil truck-to-truck.”
“We have residents all around there, a pond, a school and a new police station coming. We do not want to have any odors or contamination. We certainly don’t want to have anyone walking through effluent that could be spilled during pumping.”
No comments:
Post a Comment