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Board asked to throw out South St. plan
By Tom Glynn
Staff writer
The Walpole Conservancy
has asked the planning board to throw out the Southridge Farm/S.M.
Lorusso subdivision application, maintaining the filing omits an
"endless" list of required information.
In a letter to the
board, a lawyer for the Conservancy wrote that the planning board
"has failed in its primary responsibility" by keeping such an
incomplete application alive.
The conservancy was
formed this winter by neighbors and other townspeople to oppose a
now-abandoned proposal for a regional rail trash transfer facility at
400 South St., Southridge Farm.
Filed in March, the
subdivision application grandfathers Southridge and the Lorusso property
against a zoning change approved at a May Special Town Meeting that
prohibits trash facilities in the aquifer protection district. If the
planning board throws out the application as incomplete, as asked by the
Conservancy, the site would not be grandfathered (unless a judge were to
rule otherwise.)
Last week, the planning
board for the second time postponed a public hearing session on the
subdivision at the request of the applicants. Before they did so, board
members expressed displeasure at what they felt were implications that
they were showing favoritism toward the applicants.
In a letter to the
board, William Wagner, representing the Conservancy, said the
application on which the board is holding a hearing is incomplete on its
face. Wagner noted that the town engineer, fire chief, sewer and water
commission and the town planner all told the planning board that they
were unable to comment on the submitted plan because of its lack of
information.
The response to
questions on the board’s application form about the subdivision’s
impacts is repeatedly "unknown at this point – will be determined
by users," Wagner wrote.
"These major areas
of concern were traffic conditions, traffic impacts, air quality,
surface and groundwater quality, all of which were addressed only with
the language "unknown at this point – will be determined by
users," he wrote.
"The position of
the Walpole Conservancy is that the Application and Plan as submitted by
the Applicants were incomplete in all necessary and required
information," he wrote.
"To permit a plan
to remain ‘on file’ and therefore grandfathered flies in the face of
the action recently taken by the Special Town Meeting. The land in
question and more importantly the area to be impacted, the aquifer, are
far too important to remain subject to uses ‘to be
determined,’" he wrote.
The planning board, he
wrote, "is obligated to protect the safety, convenience and welfare
of the Town of Walpole. By accepting the submittal of a plan so lacking
in detail, this Board has failed in its primary responsibility."
In a brief discussion
with board members after they granted the applicants an extension until
July 31, Wagner told members there was "nothing personal" in
the comments from the Conservancy. Emotions were raised after last
month’s postponement, he said, and apologized if anyone he represents
said something hurtful.
But he added that in
his 27 years appearing before planning boards he "never, ever"
has encountered a preliminary application that provided so little
information. Residents are upset, he said, because they see the
application process not being followed.
It’s 62 days after
the application was filed "and there is still nothing," he
told the board after it voted to postpone the hearing.
The postponement came
at the request of the applicant’s engineer, who said he wanted more
time to discuss suggestions by the town engineer and town planner with
them. (The postponement of the May 15 session was also granted at the
engineer’s request.)
In explaining the
postponement for those "who do not understand the process,"
planning board member Ed Forsberg said that while a decision is called
for within 45 days of receiving an application, an extension can be
granted. He added that he does not know of any case in which the board
has not granted an extension when requested by an applicant.
The 45 days are in
state law to protect an applicant from being strung out indefinitely by
a board, he said.
It would not be
appropriate, he said, for the board to let interested parties know ahead
of time that a hearing session was to be postponed.
Forsberg said there
would be a question of liability if the board announced an impending
postponement before voting at the scheduled time to grant it. What if
the applicants were to show up and say they want the hearing after all,
he asked.
Members of the
Conservancy and others were vexed by the May 15 postponement, requested
by the applicant three days before the scheduled session. One reason:
the Conservancy still had to pay for its attorney’s time that night.
In response to a
question this week, Joanne Muti of the Conservancy said that while she
and other Conservancy supporters showed up for the May 15 hearing, none
of the applicants or their representatives did.
Muti said that she was
told by planning board members that the meeting was postponed when she
arrived 15 minutes before the board voted the postponement.
Town Planner Norman
Khumalo said that persons interested in a hearing session could call the
planning office. They could find out whether a postponement was
requested, but not whether the session actually would be cancelled, he
said.
Forsberg was acting as
chair because Chairman Edward Collins left the room, saying he was
awaiting a decision from the state Ethics Commission whether he can
participate in the Southridge/Lorusso hearing. His landscaping company
has worked for one of the applicants in the past, he said.
Under the subdivision
plan the two properties, totaling about 50 acres, would remain
separately owned. Tony Lorusso has said he filed in order to get better
access into and through his land, where he plans a business park with
several new buildings.
Michael Viano,
part-owner of Southridge, did not specify a use to the board at an
earlier hearing session. He has indicated a ban on trash could be part
of the negotiations over the subdivision.
As of now, the next
session of the hearing is scheduled for 8 p.m. July 17. |
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May 9, 2003
FinCom backs trash
facility limit
By Tom Glynn
Staff writer
The finance committee
and planning board have endorsed an article that would ban solid waste
facilities in the aquifer protection district.
Prompted by a proposal
for a regional trash transfer station at 400 South St., the solid waste
measure and a companion article are to be voted on at a special Town
Meeting Monday night.
As he did at last
Thursday’s planning board hearing on the articles, 400 South St.
part-owner Michael Viano told the FinCom this week that the rail trash
transfer is dead: The companies that proposed it have relinquished their
option on the property. No other companies would come forward with a
similar proposal because they know the state would not approve such a
facility in the face of opposition from the local health board, he said.
Selectman Michael
Caron, who’s been spearheading his board’s opposition to trash, told
the FinCom at its hearing Tuesday night that he’d be willing to drop
his push for the companion article in return for pledges from Viano and
neighboring property owner Tony Lorusso that the land would not be used
for waste transfer.
Lorusso, who is
planning a business park on his South Street property, told the FinCom
he’s ready to make the pledge, provided it does not encompass
recycling.
Viano told the FinCom
he could not offer the guarantee Tuesday night, noting that he is not
the sole owner of 400 South St.
The companion article
would require a special permit from the zoning board of appeals for a
truck terminal or rail freight yard on industrially zoned land along the
tracks on South Street and elsewhere in town.
The need for the added
protection from a special permit was shown this winter when "a
neighborhood was under assault" by the trash proposal, Caron said.
Approving the articles
is good risk management, he said. "The risk is 400 South St."
The solid waste ban
received broad support at both hearings. "There’s no
downside," sewer and water Chairman Steve Davis told the FinCom. He
noted the South Street site is close to three town wells, the temporary
loss of one of which resulted in a mandatory odd-even ban last summer.
But the second article
– the special permit requirement – ran into strong opposition on the
planning board and the FinCom.
Town Planner Norman
Khumalo told the FinCom the special permit requirement would add months
to the time it takes to go through Walpole’s application process. The
same protection offered through the ZBA is already provided by the
planning board’s site plan review, he said. The site plan process
includes notification of neighbors, a public hearing and considerations
of impacts on a neighborhood as well as on the site, Khumalo said.
With some members
focusing on the potential loss of desirable types of business, the
FinCom tried unsuccessfully to reach a majority for one amendment after
another on the special permit requirement.
Planning board Chairman
Edward Collins told the FinCom that its on-the-fly amending "goes
against everything we’re trying to do." He urged the FinCom to
wait for the ongoing master plan process, which is to result in a
comprehensive overhaul of the zoning bylaw.
After voting 8 to 3 in
favor of the solid waste ban, the FinCom voted 7 to 4 against the
special permit requirement for truck and freight terminals.
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May 9, 2003
Trash
transfer at 400
South St.
‘dead’
By Tom
Glynn
Staff
writer
Backing up his
position that there will be no trash transfer at 400 South St., property owner Michael Viano said last week that the two companies
behind the plan have relinquished their option on the land.
Viano told the
planning board Thursday night that Pond View Recycling, a
Rhode Island
construction debris disposal company, had waived its option. After the
meeting, he added that Clyde Ames of Modal Resources also has waived the
option on the 23-acre site.
Last Thursday’s
planning board meeting was devoted to a public hearing on two Town
Meeting articles aimed at heading off trash proposals. At the close of
the session, the board voted 4-0-1 to recommend that Town Meeting
approve the first article, which would ban solid waste facilities in the
aquifer zone, but 3-2 to reject the second, which would require a
special permit for a truck terminal.
A special Town
Meeting is to vote on the articles Monday night.
Ever since
townspeople and town officials made it clear in January that they would
fight the proposed regional rail transfer station, Viano has maintained
the trash plan is dead. State regulators would not approve a waste site
over the objections of the board of health, he repeated Thursday.
Ames
, however, had kept the possibility of a transfer station alive. Citing
his option on the property, he said in a February interview that a
general service rail freight station could be built there – unless the
town agreed to back the trash plan. Because its operation would be
limited and come with $300,000 annually in financial incentives to
Walpole
,
Ames
said the town could decide to support the trash plan as preferable to a
freight yard operating around the clock.
With a background in
intermodal freight,
Ames
had said he was not about to walk away from
Walpole
. Pond View and Intermodal invested time and money in the proposal, he
said, because of what they perceived as initial encouragement by town
officials. And he indicated they did not want to back down in the face
of what they felt was rude and verbally threatening conduct by some of
those who attended a selectmen’s discussion on their proposal.
In that interview,
Ames
said he expected that a subdivision plan would soon be filed for the
South Street
property, called Southridge Farm, owned by Viano and Al Lamperti. Filing
a preliminary plan is a step toward grandfathering the property against
a zoning change.
When the subdivision
plan was submitted in March, it came as a joint filing by Viano and the
owner of an adjacent 28-acre tract, S.M. Lorusso & Sons.
In a March interview,
Tony Lorusso said the filing had nothing to do with trash transfer. In
fact, he said, he would not want a trash facility next to his property,
where he intends to build a business park similar to
Merchants Way
. He had been talking to Viano for years, he said, to do a joint
subdivision to improve access from
South Street
and through their properties, which would remain separately owned.
In a letter to the
planning board, Lorusso said he would withdraw the application if the
subdivision plan makes a difference on whether a trash facility were
built at Southridge. (The planning board is scheduled to continue its
hearing on the Viano-Lorusso application May 15.)
Planning board hearing
At last week’s
hearing, members of the planning board said the two articles appear to
be aimed belatedly at heading off a
South Street
trash facility. “The incentive is to prevent something down on
South Street
,” member Betty Nashawaty said. But, Chairman Edward Collins noted,
the filing of the subdivision plan is likley to grandfather the
South Street
site from the proposed zoning changes for eight years.
The planning board
will not ask Lorusso to withdraw the joint application, Collins said.
While selectmen asked the board to make such a request, Collins pointed
out that to do so would be inappropriate with a public hearing on the
application already in progress.
Supporters of the
zoning amendments said they understood grandfathering, but wanted the
added protection for the future. Peter Baril, an hydrologist and former
conservation commission member, said the articles are needed to close a
zoning loophole that threatens the town’s drinking water. Selectman
Michael Caron urged support for the articles to make it clear a trash
transfer station is “a highly unwanted business” in
Walpole
.
Viano asked the
planning board to recommend against the solid waste ban, noting it would
block location of a transfer station just for
Walpole
residents in the aquifer district, which encompasses about half the
town.
Supporters of the
articles charged Viano with trying to have it both ways, saying that
trash won’t happen on
South Street
but at the same time asking to keep it a permitted use.
Town Planner Norman
Khumalo said that the solid waste article is written too broadly and
could have unintended consequences. Master plan committee member Susan
Maguire noted that the current master plan process is to lead to a
thorough overhaul of the zoning bylaw next year and recommended against
acting in haste. “Much of zoning, while well intended, is not well
written,” she said.
But Ron Lichtenstein,
a former zoning board member with a background in railroading, pointed
to the uncertainty over CSX railroad’s big Beacon yards in Allston as
a reason for quick approval of the two articles. The turnpike authority
plans to sell the land to Harvard, the MBTA is contemplating an eminent
domain taking to safeguard the railroad use of the property. CSX tracks
run along South Street and other industrially zoned land in town.
As did selectmen
earlier in the week, the planning board went around on the wording of
the solid waste article, wondering whether it ruled out solid waste
handling or solid waste handling facilities in the aquifer. If
interpreted to mean waste handling, the amendment would spell trouble
for small businesses and anybody with a dumpster, members said.
Lichtenstein asked
the planning board members why they were coming up with so many
objections. “You sound as if you’re afraid.”
If the articles do
have problems, they can be rectified as part of the master plan review,
he said.
Former Selectman
Joanne Muti, who originated the idea for the articles, said they had
been approved by Town Counsel. But planning board Chairman Collins said
Town Counsel did not approve the final wording.
Planning board
members expressed displeasure at receiving little advance information on
the articles, especially since they were filed so late that they had to
make an immediate recommendation. Member Nancy Mackenzie said she and
her colleagues were surprised to learn from Muti at the hearing that
Town Counsel had submitted a written opinion on the articles.
The article to ban
solid waste facilities in the aquifer was filed by the sewer and water
commission. The article to require a special permit for truck terminals
was filed by selectmen.
Town Administrator
Michael Boynton told the planning board members that he was getting the
inference from them that they had not received enough information. If
they felt that way, they should have asked, he said.
“It’s not up to
us to ‘go fish’,” member Jack Conroy said.
The board ended up
approving the solid waste article, with Conroy abstaining.
Truck terminals
If quick action is
needed to ban solid waste facilities in the aquifer to protect the
wells, what is the rush to require a special permit for a truck
terminal, Mackenzie asked supporters of the rezoning articles.
Town Planner
Khumalo said the existing site plan review by the planning board uses
exactly the same criteria as the zoning board’s special permit
process. The article to add the ZBA permit requirement for a freight
station, truck terminal or intermodal facility in the industrial zone
would be duplicative and frustratating to people going through the
process, whether as supporters or opponents of a project, he said.
John DiSangro Jr.,
whose family owns Walpole Industrial Park, told the board that at least
three businesses now there would not have located in Walpole if the
proposed special permit requirement had been in effect.
As someone who
spends his days trying to get businesses to lcoate in the park, DiSangro
said he is positive companies would lose interest as soon as they
understood Walpole’s application process had become even more
difficult. “This is a step backward,” he said of the proposed
article.
Amendment supporter
Tom Driscoll responded that the town would be better off if a company
that would be chilled by a special permit requirement decided to go
elsewhere.
Other supporters
said the requirement would provide an added layer of protection for
residents.
Mackenzie said that
desirable businesses – a furniture warehouse, for instance – would
be turned away. Companies would have to ask themselves do they want to
put themselves through the additional process, she said.
DiSangro said one
big pros-pective tenant of the industrial park spend two days at Town
Hall learning the existing requirments and said, “We’re not coming
here.”
The proposed
special permit requirement is an overreaction to the trash transfer
proposal, he said. “I guarantee you’re going to lose an immense
amount of new business” if the special permit amendment is enacted, he
said.
Mackenzie and
Collins said the zoning changes made through the master plan review will
be precise enough to allow desirable uses and prevent the undesirable
ones. “This is too broad,” Collins said of the truck terminal
amendment.
Collins, Mackenzie
and Conroy voted to recommend that Town Meeting reject the amendment.
While expressing some reservation, Edward Forsberg and Nashawaty voted
for it.
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April 9, 2003
Subdivision plan for South Street
By Tom Glynn
Staff writer
An owner of 23 acres
off South Street has told the planning board he doesn’t see a problem
with trading away the possibility of a trash transfer station on the
Southridge Farm land in return for permission to build a longer road
into a proposed commercial subdivision.
However, Michael Viano
said he would not be willing to bargain away the right to provide rail
access to the companies he hopes to attract. "It would be entirely
appropriate to have sidings serving industries that might locate
there."
A proposal for a
regional trash transfer facility on the rail line at Southridge drew
heavy opposition when it became public this winter. That proposal, Viano
said, is no longer on the table. It would require approval by the health
board, he maintained, "and they’re not going to give it."
Viano’s statements
came last Thursday during a planning board hearing on a preliminary
subdivision plan filed by Southridge and adjacent property owner S. M.
Lorusso Inc.
Under the subdivision,
called Colony Drive Business Park, Southridge would pick up land from
Lorusso to widen its narrow street frontage. A road would be built from
South Street to serve both parcels and Lorusso would gain some property
toward the rear of the site.
Tony Lorusso, who did
not attend the hearing, sent a letter to the planning board stating that
"if the subdivision would make a difference on whether trash comes
to Walpole, I would withdraw it."
Lorusso has said he
envisions a business park similar to Merchants Way on his half of the
subdivision.
A. J. Lorusso told the
planning board at last Thursday’s meeting that the 50 or so acres of
the two properties have always been industrial. Talks have gone on for
two or three years with Viano about filing jointly for a subdivision, he
said.
"Essentially, we’re
swapping land to rationalize access," he said. "This proposal
is really not connected to the former (trash transfer) proposal,"
A. J. Lorusso told the planning board.
The subdivision plan
does not indicate what is planned for the Southridge side. Without
specifics about tenants, the planning board can assume "a
worst-case scenario" in reviewing the subdivision proposal, town
planner Norman Khumalo told the board.
Speaking for the
Walpole Conservancy, a group opposed to trash transfer, Brian Kates told
the board that while Lorusso’s intentions are "very good,"
he is concerned about the Southridge parcel.
In an action not on its
posted agenda, the health board voted last week to recommend approval of
the preliminary subdivision plan as submitted. In their letters to the
planning board, the conservation commission and sewer and water
commission said there is not enough information for them to decide on a
recommendation.
The road into the
subdivision is proposed to be 1,500 feet long, twice the length
automatically allowed. Without the waiver, a subdivision could be
limited to fewer lots.
In return for a waiver
on road length, the town is entitled to concessions from the developer,
Khumalo said.
Planning board member
Jack Conroy asked Viano if he’d agree the site would not be used for
trash transfer. "I don’t see a problem with it," Viano said.
"Would you be
willing to swap off development rights (in return) for a larger
road?" Conroy asked.
"It’s a
possibility," Viano replied.
But Viano dug in his
heels when asked whether he’d accept broader restrictions on serving
the site by rail and by truck. Transportation restrictions would hit
hard at not just his property, but hundreds of other acres along the
freight line and elsewhere in town, he said.
Viano did agree that
buffers in addition to the unbuildable wetland facing Garfield Street
could be negotiated.
Viano estimated that a
fully developed Colony Drive Business Park would provide the town with
an additional $100,000 a year in tax revenue.
Another benefit, he
said, is that as a condition of the plan, Lorusso and Southridge would
pay to eliminate the dangerous S-curve on South Street at the proposed
business park’s entrance.
One possibility would
have South Street coming from the Common Street end run directly into
the development, with the continuation of South toward Washington Street
becoming the side street.
Questioned by planning
board member Betty Nashawaty, an engineer for the developers
acknowledged that whiled the subdivision road could handle big trucks,
South Street itself has limitations.
At last week’s
meeting, selectmen Chairman William Ryan said his board supports
tax-producing development, but has serious concern about South Street
and the S-curve.
Joanne Muti, sponsor of
two zoning articles prompted by the trash issue, noted at last week’s
meeting that if the preliminary plan is accepted by the planning board
now, it could insulate (grandfather) the site from the added limitations
the two articles would impose.
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Feb. 22,
2003
Rail
transfer plan changed
By Tom
Glynn
Staff writer
The proposal for a
rail site off South Street has been changed again, this time to a
freight station.
Clyde Ames, president
of Modal Resources, said in an interview that the facility would provide
for the transfer of a broad range of cargo from trucks to trains and
from trains to truck.
In the interview,
Ames said he was troubled by town officials’ “flip flop” on the
original plan for the site. “We didn’t expect a lynch mob,” he
said of the meeting last month at which townspeople prodded selectmen
into a vote against the originally proposed rail trash transfer
facility.
The freight station
will comply with local and state regulations and go through the town’s
review process, he said. The facility can be built “by right” on the
23-acre industrial-zoned parcel, he said. It’s the third proposal for
the site from Ames and his colleagues.
Last month, the
second plan from Modal Resources and Pond View Recycling called for a
flatbed truck to railroad flatcar transfer of containerized municipal
trash and other material. That plan invoked the Surface Transportation
Board, a federal panel that can pre-empt state and local authority in
order to get rail transport facilities built. The second proposal came a
week after selectmen voted against the original plan.
But Congressman
Stephen Lynch stepped in on that one, noting the federal pre-emption is
meant for railroads and not shippers. Town officials indicated they
would ask the railroad, CSX, not to lend its support to any pre-emption
attempt.
In the interview,
Ames said the containerized plan would have been “financially
constrained” by the need to buy containers. (The containers would be
similar to those used in ocean shipping.)
The original plan, a
facility for taking municipal trash from trucks, compacting it and
loading it onto railroad boxcars, is still an option, Ames said. The
opponents at last month’s selectmen’s meeting do not speak for the
entire town, he said.
Ames agreed that in
effect the two companies are offering Walpole a choice between the
original and the new proposal.
He noted that the
original plan – the trash transfer station – offers Walpole $300,000
or so a year in revenues and savings. The freight station alternative
does not, at least in the early years, he said.
In the original plan,
still an option, rubbish trucks would enter a building, of perhaps
25,000 square feet, where their cargo would be conveyed into enclosed
rail cars, also inside the building. The operation would call for two
freight cars a day, he said, adding that “at the end of the day
everything goes out; nothing is left in the building.”
The “lucrative”
original plan would enable the companies to build a grade crossing to
get trucks in and out of the site via Route 1A.. The companies would
consider a crossing under the freight station plan as well, rather than
using South Street, he said.
There could be more
truck trips under the freight station plan, he said, noting that there
is a shortage of such facilities. And there would be construction of
parallel tracks, he said.
Under the freight
station plan, Ames said, some of the arriving cargo might be rubbish.
The fact is, it costs less to ship rubbish to Ohio by rail and dispose
it there than to dispose it here, he said.
Ames, a veteran in
intermodal transportation, said he first heard about the availability in
Walpole of industrial-zoned land alongside a freight line in a
conversation with a CSX acquaintance.
Ames said he
approached Michael Viano, an owner of the property, last year and
presented his company and his idea for the site.
Viano sounded out
“local leaders” on the original proposal several months ago and got
a “positive” response, Ames said. He declined to say who those local
leaders are.
Company
representatives “went to the leaders… and it was never suggested
that they were other than supportive,” he said.
The one big objection
raised was to any access via South Street, he said.
The two companies
were “very transparent and straight” in their approach to the town,
he said. The companies would not have invested in a site assessment if
they did not believe they’d get a fair reception, he said.
When he and Ken
Foley, Pond View president, went to last month’s selectmen’s meeting
to present their plan publicly, they offered to hold a later meeting to
answer questions from townspeople. But the companies ended up getting
the “rudest” reception they ever received, he said.
Mrs. Foley, who
accompanied her husband to the meeting, felt physically threatened, he
said.
There was a sharp
contrast at that meeting, he said, between the way the selectmen blocked
questions from the audience about a transfer of the Crossroads liquor
license but allowed verbal assaults against Pond View and Modal
Resources representatives.
Ames
took particular issue with two arguments raised by opponents – that a
transfer station would take a big bite out of property values and that
$300,000 is too small an amount to warrant consideration of the
proposal.
He asked that
townspeople check out home prices around Medfield’s transfer station.
And he pointed to a newspaper headline that the town might have to cut
55 jobs.
The town’s zoning
ordinance makes a motor freight station a matter of right in the
industrial zone. A truck-train facility is to be treated the same as a
truck-only station under state and federal law, Ames said.
The site is also
entirely within an aquifer protection zone that imposes rules on what
materials can be handled within it.
Stating that he is
confident either option can pass environmental muster, Ames wondered why
Walpole has industrial land in an aquifer protection zone.
At open forum at
Tuesday night’s board meeting, Selectman Michael Caron congratulated
Brian Chase for the efforts by him and other concerned townspeople to
block the two companies.
Caron noted that
officials are short on specifics because the companies have yet to file
any plan with town boards. |
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Feb. 14, 2002
Congressman questions
container plan
By Tom Glynn
Staff writer
U.S. Rep. Stephen
Lynch told a Walpole Town Hall gathering last week that he has a
“serious question” whether the companies proposing a rail trash
transfer facility qualify as they claim for an exemption from state and
town law.
The two companies
announced earlier in the week that they would build the facility off
South Street within a year under a federal statute that pre-empts state
and local control. The announcement came within days of selectmen’s
vote that they would not support the companies’ effort to build a
transfer facility.
Lynch, a South Boston
Democrat who represents Walpole in Congress, said the federal law is
meant for railroads. The two companies “sound like a shipper instead
of a company in railroad operation,” he said.
Lynch said a lawyer
on the congressional staff would be assigned to the situation “for as
many hours as it takes.” If the two companies succeed in claiming
federal pre-emption, then all sorts of other enterprises will try to do
the same, he said.
The Friday morning
meeting was called to allow town staffers to discuss strategy against
the proposal from the two companies, Pond View Recycling and Modal
Resources.
At the session, Sen.
Jo Ann Sprague, R-Walpole, said Lynch’s involvement is a big plus for
the town. “He’s a great street fighter from South Boston.”
Town Administrator
Michael Boynton said he and the staff have a mandate from the selectmen
and a direction from the board of health to “utilize all resources”
to block the facility.
In addition to legal
help, Boynton was advised during the course of the meeting to hire an
engineering firm and an environmental firm to buttress the town’s
case.
“We’ll just have
a big bake sale,” Boynton said, referring to the town’s cash
shortage.
Lynch suggested the
town begin by hiring a licensed site professional. Told later the cost
for that initial step might be $10,000 to $15,000, Boynton said, “We
can handle that.”
To claim federal
pre-emption, a company files for an exemption from state and local
control with the Surface Transportation Board in Washington. A notice is
posted on the STB’s web site, a state or municipality then has seven
days to object – or the exemption takes effect.
“The short window
is troubling,” Lynch said.
The congressman’s
office is checking with the STB daily to see
whether Pond View has filed. The STB knows of his interest, he
said, adding he would be very disappointed if the federal agency did not
notify him of a filing. Town Hall workers also said they are checking
the STB website daily.
The federal law in
question was part of the deregulation push of the 1990s. It eliminated
the Interstate Commerce Commission and replaced it with the STB.
“You’re dealing with an agency whose mission is to support railroad
operations,” Town Counsel John Giorgio told the Friday meeting.
In the major federal
court decision on the new law, a judge in Georgia ruled in favor of a
railroad seeking to build a big freight yard in the face of the city’s
opposition. In enacting the law, Congress explicitly intended to help
the railroads by pre-empting state law, the judge ruled. That ruling is
cited in state court decisions that also have found that the federal law
pre-empts traditional state and local “police” powers, including
environmental oversight.
While the courts have
been inclined to pre-emption, at least one recent ruling by the STB
emphasizes states’ rights when they do not clash head-on with the
federal law.
Another plus for the
town’s position: The Georgia decision does not offer an indication of
how a court would respond in a case in which the company involved is not
a railroad.
Health
Board Chairman Paul Millette told the Friday meeting that the town has
found CSX, the railroad that controls the track serving the South Street
site, to be responsive on other issues. CSX wants to maintain good
relations with the town, Millette said.
CSX might even oppose
the Pond View proposal, Boynton said.
CSX operates a
facility in Boston that works the same way as the Pond View facility
would.
Hauling compressed
rubbish, flatbed trucks bring in containers similar to those used in
ocean shipping. The containers are transferred to flatbed rail cars for
shipment out of state.
The rubbish is not
re-formed on site as it would have been in Pond View and Modal’s
original proposal for a trash transfer station fed by packer trucks.
Because it involved an activity beyond transportation, that original
plan, it could be argued, would not qualify for an STB exemption.
The CSX operation is
in the Beacon yards, owned by the Massachusetts Turnpike Authority and
speculated to be worth some very big money to nearby Boston University
and Harvard.
Town Counsel Giorgio
said that Massachusetts now ships 30 percent of its rubbish out of state
and that the figure is growing. The trend does not help Walpole’s
case, he said.
Steven Davis,
chairman of the sewer and water commissioners, said the site proposed by
Pond View would be off limits under state law. It lies entirely within a
heavily regulated zone intended to protect the town’s wells, he said.
Davis said he visited
Pond View’s facility in East Providence and found it messy and noisy.
Home prices near the facility, which recycles construction material, are
down 30 to 40 percent, he said.
Walpole has three
factors in its favor as it squares off against the proposal, Davis said.
The first is the law:
The Pond View proposal is forcing the definition of railroad operations
to the extreme, he said.
The second advantage,
Davis said, is that the town is unified in its opposition.
“It’s heartening.”
And third, time is on
Walpole’s side, he said, noting that there are a lot of veterans of
the successful fight to block the MWRA’s sludge dump plan. To defeat
the Pond View plan, he said, “we’re going to have to hang in for
three or four years”
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Jan. 31, 2003
Transfer station could take federal
route
By Brian Burns
Staff writer
The developers of a
proposed railroad-based waste transfer station at 400 South St. say that
all they need to open in Walpole is approval from the federal
government.
In a press release sent
out Wednesday, developers Pond View Recycling and Modal Resources, LLC
announced their plans to open the facility on a round-the-clock basis by
this November.
The regional facility
would focus primarily on "containerized environmental
materials" – municipal waste – that will be conveyed from a
"motor carrier chassis to a railroad flatcar."
According to the Pond
View representative Ken Foley, the company seeks "to satisfy an
unmet demand for competitive transportation and disposal services. The
efficiencies of rail transportation coupled with a metro-Boston located
operation position the facility well for immediate growth and
opportunity."
The release goes on to
maintain that federal regulations supercede the state’s authority when
it comes to siting such facilities when they are involved in interstate
commerce.
"The Federal
Department of Transportation regulations (under the auspices of the
Surface Transportation Board) that govern interstate, railroad
transportation activities of this nature allowed for containerized,
intermodal activities to be created and operate outside the state of
Massachusetts Department of Environmental Protection permitting
requirements," the release says.
The proposal outlined
in Wednesday’s press release represents a significant change from the
proposal that was brought to the selectmen and the health board in the
past few weeks.
Speaking on behalf of
Pond View and Modal, project consultant John Blaisdell said at those
meetings that the transfer station would require extensive state
permitting and probably wouldn’t be completed until 2005.
Project representatives
also said that the facility would probably only operate during daytime
hours.
Those first proposals
were met with criticism from abutting residents and expressions of
disinterest from town boards.
Last week, selectmen
voted 4-0 against supporting the proposal. The vote came in a meeting in
which 50 or so townspeople, including several Town Meeting
representatives as well as neighbors, made it clear to the board that
they did not want the transfer station in town.
The board of health
voted against the project this week.
In addition, the health
board voted that "it would not be inclined" to allow any such
proposal at that South Street location "at any time in the
future," according to Health Agent Robin Chapell.
Pond View operates an
East Providence-based recycling, excavation and demolition company.
Modal Resources of Shrewsbury is a provider of rail-based logistics
services.
Chapell said no one
from either company attended the health board meeting on Tuesday night.
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Jan. 24, 2003
Selectmen say no to transfer
station
By Tom Glynn
Staff writer
In a meeting at which
the audience rather than the board called the shots, selectmen voted 4-0
Tuesday night against a proposed rail trash transfer station.
There was no public
statement from representatives of the companies following the vote. But
according to their presentation earlier in the meeting, town sponsorship
is necessary if the proposal for 23 acres off South Street is to win
state approval.
The session began with
an announcement by selectmen Chairman William Ryan that members of the
audience would not be allowed to ask questions. The session, he said,
was to be solely a presentation by the companies to the board.
With 50 or so
townspeople in the audience that included several Town Meeting
representatives and all three candidates in the Feb. 8 special election
for selectman, Cliff Snuffer raised a point of order asking the board by
what authority "you are denying us our right to speak" on
"such a major piece of business."
Ryan then said he would
allow Snuffer to be the spokesman for those in attendance. Mary Jane
Brady, like Snuffer a Town Meeting representative, then said others
should be allowed to speak as well.
When the companies’
presentation concluded, Ryan ended up allowing anyone who wished to
speak and to ask questions.
Snuffer led off with a
contention that "it is clear that this is not a hello meeting"
between the companies and the board. Other speakers said they believed
there were prior dealings between the companies and town officials to
ease the way for a project its representatives said would be worth more
than $300,000 a year in revenues and savings for the town.
Town Administrator
Michael Boynton said the owner of the property approached the town with
"an idea for a business" several months ago and that a meeting
was held. Some town representatives at that meeting, he said, raised the
same type of questions and objections that were being heard from the
audience.
At that stage "we
can’t throw anyone out and we can’t say we want it," Boynton
said.
The companies were told
they had to contact town boards and that decisions could not be made
until those boards held public hearings and were able to judge the
project’s impact, he said.
"It had to get to
this level," he said, referring to the proposal being discussed in
public at a health board informational meeting last week and at this
week’s selectmen’s meeting.
But Snuffer said the
selectmen’s intent not to allow townspeople to speak only reinforced
his misgivings.
Former selectman Ron
Mariani noted that the proposal was not questioned last week by health
board members. Health Agent Robin Chapell had no reservations, he said.
She gets her orders from Boynton and Boynton gets his from the
selectmen, Mariani said.
"The red carpet
was out," Mariani said, noting that townspeople found out about the
health board meeting more or less by accident and only a day ahead of
time.
As proposed by Pond
View Recycling and Modal Resources, the rail transfer station would be
built on a V-shaped parcel between South Street and the freight tracks.
The companies could access the site from the other side of the tracks
via Production Road.
The plan calls for 30
packer trucks (the type that makes curbside pickups) a day to enter a
closed building where they would dump their trash into rail cars for
out-of-state disposal. The trash, at least at first, would come from
communities outside of Walpole.
The companies estimate
they are a year away from filing formal applications with Walpole and
four years away from opening the facility.
Townspeople from
streets near the site said the proposal would create health and
environmental problems, add to heavy truck traffic and knock down
property values.
Selectman candidate
James Paul Taylor, noting he used to work for a trash company, said
smells, spills and vermin would be inevitable. Candidate John Spillane
said the site is "right in the middle of the aquifer."
The $320,000 dangled
before the town is not guaranteed, and besides, it is a pittance in
comparison to the direct and indirect costs the project would inflict,
speakers maintained.
One speaker said a big
point against the facility was made in the companies’ own
presentation. A similar Brockton facility, opened three years ago, is
now being expanded because it has done so well.
One argument made by
many speakers that in a town whose image has suffered from other
projects, a regional trash transfer station would be no asset,
especially when it comes to attracting more desirable businesses.
Other speakers, notably
Steve Davis, raised another set of arguments: that legal and
environmental obstacles would prevent the project from being built, but
only after the companies and the town had spent hundreds of thousands of
dollars.
Davis, chairman of the
sewer and water commission but speaking as a Town Meeting
representative, brought up recent history in Abington, where the health
board approved a project three times bigger than the Walpole proposal.
Townspeople rose up and recalled all five health board members; the new
board revoked the project’s approval.
The episode cost
Abington $240,000, Davis said.
Brady told the
companies: "Our townspeople have majored in opposing unwanted
sitings. We are well prepared and well schooled."
Davis urged the
companies to drop the plan now to save themselves a lot of money.
"Cut it off tonight. Cut it off cleanly," he asked the
companies and the board.
As the session was
about to wind down at 11 p.m., Town Meeting Rep. Tom Driscoll called for
selectmen to give the audience "the mood of the board."
After brief hesitation,
Selectman Alan Rockwood went first. "Take a vote this evening and
stop it right here. There is no way this will be built in this
community."
A motion stating that
the board "does not support" the project passed unanimously. |
Jan. 17, 2003
Town gets transfer station proposal
By Brian Burns
Staff writer
Board of Health members
and abutting residents received their first look Tuesday night at a
proposal to build a solid waste rail transfer station in South Walpole.
Speaking on behalf of
Pond View Recycling and Modal Resources, consultant John Blaisdell
presented a preliminary proposal for an approximately 25,000 square foot
facility that would be housed within a 23-acre industrial site at 400
South St.
The site is presently a
compost facility, with some provisions for wood, brick and concrete
waste.
If approved, the new
facility would be limited to handling 500 tons of municipal solid waste
per day. Municipal waste is essentially what Walpole residents throw
away after separating out their recyclables, Blaisdell explained.
In the plan outlined
Tuesday night, waste would be brought into the facility by rubbish
trucks (the same type that pick up the town’s rubbish now) and then
transferred to rail cars within an enclosed area inside the building.
The cars would then be
shipped out on CSX tracks at a maximum of five cars a day. The trash
would most likely end up in landfills and incinerators in Ohio and
western New York.
CSX regulations require
the rail cars to be both water and air tight, Blaisdell said, which
should eliminate any odor problems.
With a processing limit
of 500 tons per day, there would be about 30 trucks unloading at the
facility each day, which would make for a total of 60 trips in and out
of the station.
The trash would be
brought into the facility via designated truck routes, though the
specific routes have yet to be worked out.
Adding in the cars of
employees, there would be about 100 vehicles coming in and out of the
property each day, Blaisdell said.
The preliminary plan is
for the facility is to operate it from 7 a.m. to 4:30 p.m., with the
rail cars to be taken out once a day.
Pond View and Modal are
interested in the South Street site because it has excellent rail
access. A hub connecting to existing CSX freight line would be brought
right inside the facility.
Walpole is also
attractive because the town’s solid waste contract expires in 2007,
Blaisdell said.
Having a transfer
station in town would provide the town with an excellent opportunity to
save money, he said.
The town now pays about
$80 a ton for solid waste removal and transport. With the transfer
station operational, waste removal costs could be as low as $50-60 a
ton, which could mean about $150,000 in annual savings, Blaisdell said.
There is also the
potential for additional savings if the use of the station is contracted
out to other municipalities such as Milford, Franklin and Shrewsbury
that have their contracts set to run out in 2007.
Tuesday’s meeting was
only a preliminary step to inform the health board about the process and
ask for sponsorship, Blaisdell said. It will be another four to six
months before they are back looking for a more formalized approval,
Blaisdell said.
The permitting and
approval process for a facility of this kind at the state and local
levels is extensive. In the best-case scenario, it would take until 2005
to complete, he said.
Health Board Chairman
Paul Millette told Blaisdell that since he was learning about the
project for the first time, he was not prepared to make a decision on
sponsorship that night.
Follow-up questions
from Millette and other board members were mostly informational ones
about the size and scope of the proposed operation.
A group of 25 or so
residents from nearby homes also attended the meeting.
Given a chance to
speak, they expressed their concerns about the potential for odor and
rodent problems at the site. They also worried about the increase in
truck traffic.
"I don’t know
how you get up there without going through a residential area,"
Audubon Drive resident Kevin McDonald said.
Other residents pointed
out that there was already a problem with CSX trains idling for long
periods of time on the tracks behind the site.
McDonald said that if
the health board decided for some reason not to use the transfer
station, all that the project would bring to Walpole would be more truck
trips and more action on the CSX rails.
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