Why is the operation unlawful?

On September 30, 2024 the Massachusetts Land Court dismissed J.D. Raymond’s lawsuits against Zoning Board of Appeals and affirmed Zoning Board of Appeals’ orders to J.D. Raymond to stop its illegal operation unless it obtains permitting for it.  

On December 20, 2022, the Peabody Zoning Board of Appeals determined in writing that J.D. Raymond was operating illegally in violation of Peabody’s zoning law and ordered J.D. Raymond to cease all of its illegal operation unless it obtained Conservation Commission approvals and a special permit from the Peabody City Council to run its operation legally under the zoning law.  The purpose of Peabody’s zoning law includes to “…conserve health; to secure safety from fire, flood, panic and other dangers;….to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment;….”  Section 1.2, Purpose, City of Peabody Zoning Ordinance. https://library.municode.com/ma/peabody/codes/zoning?nodeId=S1GE_1.2PU
 
On December 21, 2022, in response to the Peabody Zoning Board of Appeal’s decision, the Peabody Building Commissioner also ordered J.D. Raymond in writing to cease all its operations unless it obtained Conservation Commission approvals and a special permit from the Peabody City Council to run its operation legally under the zoning law.  On March 2, 2023, the Peabody Zoning Board of Appeals upheld the Peabody Building Commissioner’s order. 
 
J.D. Raymond has not ceased its operation and has not even applied to the Peabody City Council for a special permit to run its operation legally under the zoning law.  J.D. Raymond instead filed lawsuits against the Peabody Zoning Board of Appeals rather than following its order to cease its illegal operation unless it had a special permit from the Peabody City Council to operate legally under the zoning law. 

Has JD Raymond been told to stop their unlawful operations?

Yes, on September, 30, 2024, December 20, 2022, December 21, 2022 and March 2, 2023 by the Peabody Building Commissioner and Peabody Zoning Board of Appeals.

What are the risks of a fire again at the site?

High!!  Spontaneous combustion fires related to the JD Raymond mulch operation occur regularly resulting from piles which are too high (60 feet and above in many cases) among other reasons. Smoldering piles there are often observed.  “Spontaneous combustion fires begin with pile heating caused by microbial activity. Heat is produced as microbes decompose the organic materials, made possible by the presence of moisture. When the pile size is too large, the pile cannot lose heat as fast as it is generated, and the temperature rises. If the decomposition continues under the right conditions, the pile can continue to heat to a dangerous level…Risk factors for spontaneous combustion fires include piles that are over 20 feet tall, piles that are moderately dry, in the range of 20 to 40 percent moisture (or dry with some wet spots), and static piles that may sit for a month or more without being turned.” See “A Perfect Storm: Mulch Fire Dynamics and Prevention”, April 13, 2019.

Do the neighbors hear and smell the mulch operation?

YES!  The noise and the constant fear of a potential mulch fire are not something the neighbors should just “live with”. 

Is the current mulch operation helping the economy in Peabody?

Very little. The J.D. Raymond operation provides very little benefit to the City and is largely supported and subsidized by the Peabody Taxpayers, while earning millions of dollars annually. The City’s subsidy comes in the form of road repairs and constant cleaning required by this very intense use along with responding to fires generated by their illegal operation.  

The operation paid a mere $42.36 in excise taxes to the City for FY2025. Their vehicles are not registered in Massachusetts, they employ no local workers, and the real estate tax revenue is minimal and not paid in accordance with the number of tenants they have on property and is assessed to the property owner, not JD Raymond. The operation uses Peabody streets and ways to access their property with heavy trucks and equipment, which often cause damage to the roadways and require repair and cleaning at the cost of City Taxpayers. 
 
In addition to the day to day drain and burdens on the City of Peabody and its tax payers, the operation has also cost the City’s Fire Department a significant amount of money, estimated to be around $130,000 (still outstanding after 10 years), for extinguishing fires, which has never been reimbursed.

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