The Westford Board of Health got the go-ahead from selectmen on Nov. 18 to spend up to $50,000 consulting independent legal counsel “to explore their rights and options” in enforcing the settlement conditions regarding a controversial asphalt plant approved for 540 Groton Road.
The decision follows a series of protests that began Oct. 6 when residents learned that selectmen and Planning Board members had signed a settlement with the owner of Newport Materials that would allow Richard DeFelice of Nashua to build and operate an asphalt plant. Residents had battled DeFelice since he first filed his application in 2009. The Planning Board, which held a series of public hearings, denied the plant twice since 2010, but DeFelice appealed both decisions and town officials said they ultimately determined that they could not win in court. Residents demanded that the agreement be nullified and selectmen brought their request to Land Court. Judge Alexander H. Sands, III, denied the request and ordered the town to issue DeFelice a special permit.
The 4 to 1 vote, with Kelly Ross dissenting, does not empower the Board of Health to initiate legal action but gives the members the authority to clarify how to enforce local, state and federal guidelines, incorporated in the Major Commercial Project special permit that was issued to Newport Materials on Nov. 14.
The request was made by Board of Health Chairman Michele Crawford and member Zac Cataldo after listening to residents express their concerns in two public meetings over health effects that an asphalt plant could potentially cause. The pair approached selectmen during the public portion of a specially scheduled morning selectmen’s meeting.
Their request was met with strong opposition by Attorney Douglas Deschenes of Westford who represents De Felice.
“Really? we’re going to fund lawyers to go out and conduct a witch hunt against a legally operating business pursuant to both local and state permits which the town has had the opportunity to be involved with, (and) has been provided full notice of all those permitting activities?” Deschenes argued.
But Selectman Mark Kost, supported the Board of Health members, saying he took “offense” at the use of the word “witch hunt.”
“What we were asked and what was stated is our current Board of Health does not understand how to enforce some of the conditions that we included in this agreement,” Kost said. “…That is not a ‘witch hunt’ the way it was described. That is a lack of understanding by an elected board…”
Deschenes noted that Newport Materials had met all permit requirements for operating an asphalt plant.
“Current operations being done on that site are being done in conformance with both state and local permits,” he said. “Permits that were obtained and which all the boards were given notice as required for those permits. At no time did the Board of Health or any other board decide to be involved with that.”
Deschenes’ argument, however, convinced none of the many opposing residents who attended the meeting and have been expressing health concerns throughout their fight to keep the plant from operating in town.
“I think we owe it to every child in town to understand all of the ramifications regardless of what the land has been zoned for,” said Elana Newman. “We know there will be fugitive emissions from this plant — emissions that are potentially cancer causing relative to duration of exposure and toxicity level.”
The Board of Health meets the second Monday of each month at 7 p.m. at Town Hall.
Follow Joyce Pellino Crane on Twitter @joypellinocrane.
