Optimus Template

2/25/10

The Lowell Sun: Over Neighbors' objections, Westford Asphalt Operation's permit renewed

By Rachel R. Briere, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

WESTFORD -- The Zoning Board of Appeals voted unanimously last night to renew a special permit for an asphalt operation at 540 Groton Road, ignoring the pleas and objections of vocal residents from Westford and nearby Chelmsford.

The ZBA granted the permit for Newport Materials LLC after two hours of listening to concerns from abutters and board members about increased traffic, unsafe road conditions and air pollution from delivery trucks. The renewal came with some changes, including reducing the hours of operation during the week by an hour and limiting the number of trucks from entering the property daily to a maximum of 75.

The board granted the original permit on Feb. 11, 2009, giving permission to bring asphalt onto the property for the purpose of crushing and recycling it. Last night, the board extended the permit with the stipulation that there be a maximum of 7,500 trucks over a period of 250 working days -- a typical construction season -- with an average of 30 trucks a day and a maximum of 75.

Hours of operation will be 6 a.m. to 6 p.m. Monday through Friday and 7 a.m. to 5 p.m. on Saturday. Newport Materials will also have to provide the board with truck-visit logs on a monthly basis. The permit is valid for two years, but will be reviewed by the board yearly.

"I run a clean operation. There's never been an accident or incident," said Richard DeFelice, the site manager. "Whatever I do is going to be looked at with some contempt. Sometimes I feel I'm falsely accused of things. I'm not the only operation on that property."

ZBA Chairman Robert Herrman opened the meeting up to the nearly 50 people in the packed room, but made it clear the permit before the board has "nothing to do with the asphalt plant or chemicals."

Newport Materials and 540 Groton Road LLC are proposing to construct an asphalt-manufacturing plant next to an existing sand-and-gravel operation at the same address, off Route 40 near the Westford-Chelmsford line.

The proposal has drawn criticism from residents from both towns who live in the area. The Route 40 Clean Air Coalition was formed to oppose the asphalt plant. The area is zoned for "light industry," which Herrman stressed abutters were well aware of when they purchased their property.

"I bought my home in 1990 and have been traveling Route 40 going from Shirley to Lowell visiting relatives since," said Richard Gagnon of Westford. "I knew very well of what I was buying next to -- Fletcher Quarry and a concrete business. I didn't buy my house knowing more heavy machinery is going next to my home. You can't say any operation that requires 60 to 70 trucks a day is light."

Chelmsford resident Maria Burnham is one of the closest abutters to the site. She asked why the board never notified her of the original permit.

"Your money is going to have to go to fix that road," she said. "The trucks are ruining the road. People who have lived in their homes for five decades have had their foundations crack."

Newport Materials attorney Douglas Deschenes said the company conducted its own traffic study of Route 40, which was reviewed by the town. He said 400 trucks a day pass by the 540 Groton Road entrance that are unrelated to the business.

"To put it all in context," he said. "There's a lot of trucks out there. There's a lot of vehicles on that road."