LYNN — The site of a former junkyard on Western Avenue that has been the subject of environmental and legal scrutiny for more than a decade has been cleaned up and is primed for a new use.
Raymond and Ronald Falite have invested more than $3 million into cleaning up the former Caps Auto Wrecking Corp. property at 1069R Western Ave., which the brothers purchased last September for $1.5 million, according to their attorney and land records.
“It’s really a remarkable transformation down there,” said Attorney James E. Smith, who represents the Falites. “It had to be probably the most environmentally-challenged site in the city of Lynn.”
The Falites plan to open an auto repair and body shop business on the seven-acre parcel, which is located near the Saugus River and across the street from GE Aviation.
The business, approved by the City Council last week, is not part of the Falites’ long-term plans for the site, which have not been determined, Smith said.
Smith said a housing development is unlikely due to the environmental history of the site, but some possible options include light industry and uses that are water-dependent.
“There’s a lot of land there,” said Smith. “It’s got some great long-term potential.”
In the meantime, operating an auto repair business will enable the brothers to generate some “cash flow” on the property while they continue to clean up and make improvements at the site, Smith said.
Under the seller, Mark Jirtian, who owned the property for decades, the site was subject to a lawsuit from the Conservation Law Foundation (CLF) in 2015, which alleged Caps was discharging stormwater into the Saugus River.
Caps had also been under a consent decree with the Massachusetts Department of Environmental Protection (MassDEP), which allowed the owner to clean up the property, but only if he followed state, local and federal laws for removing hazardous materials.
According to the decree, MassDEP first noticed waste oil and oily soil on the property in 2004. A notice of noncompliance was issued against the former property owner in 2011, and he was fined a $30,000 penalty in 2018 for failing to submit a plan to bring the site into compliance with state environmental laws.
In addition, the city of Lynn filed an injunction against Caps in May 2018, which prevented the former company from operating until all federal, state and local licenses were granted. At the time, city officials alleged potentially hazardous materials were being illegally dumped on the site.
Smith said everything has been settled with the consent decree, noting that the entire clean-up of the site has been done with MassDEP oversight and approval, which still has jurisdiction and control of the site.
And Smith expects the lawsuit with the CLF to be settled as well, due to the actions taken to clean up the site, which have included removing 450 tons of concrete and waste — involving a number of drums of liquid waste — more than 1,000 tires, and more than 1,500 yards of solid waste.
“The first step was just getting the site under control environmentally, which was a huge improvement. (Falite) has to reclaim the land and then we can repurpose it,” said Smith.
Ward 6 Councilor Fred Hogan, who represents the area, spoke favorably about what the new owners have done to clean up the site.
“I toured the Caps site about a year and a half ago when it was really a big, big mess in that part of my ward,” said Hogan. “The Caps site is an unbelievable site right now. So, what the new owner, Ray Falite, has done has been a great addition to the neighborhood.”
During last week’s 9-0 City Council vote, Ward 7 Councilor Jay Walsh voted present, but he said it was not because he was against the new use.
“The reason I voted present is that my family’s business has done business with the gentleman who owns it,” said Walsh. “I’m in favor of the site. I’ve been following this since I was the ConCom (Conservation Commission) chair. The site has been a mess and this guy has done a great job with it.”
A MassDEP spokesperson did not respond to a request for comment.
