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BREAKING: Land Court Judge Denies Westford’s Motion to Vacate Asphalt Settlement

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The site at 540 Groton Road where an asphalt plant is planned by Newport Materials. FILE PHOTO

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Nashua businessman Richard DeFelice owns 115 acres at 540 Groton Road where a rock crushing operation is located. He wants to build an asphalt plant on 3 acres of the parcel. FILE PHOTO

Content submitted by Town Manager Jodi Ross. If you have news, email [email protected].

Last night the Board of Selectmen learned that Judge Sands of the Land Court denied the Town’s Motion To Vacate The Agreement for Judgment the Court had entered in connection with the ongoing litigation with Newport Materials involving a proposed asphalt manufacturing facility at 540 Groton Road. On November 3rd, the Town filed its Motion asking the Court to vacate the Agreement for Judgment the Court had entered. The Town argued that because Judge Sands had unilaterally struck a provision in the Agreement for Judgment that would allow the Town to enforce the terms of the Agreement for Judgment which include more than 100 protective provisions of the Special Permit and Air Quality permit issued by the Massachusetts DEP through a contempt action, a provision that the Town considered an essential component of the Agreement for Judgment, the Agreement for Judgment should be set aside. After reviewing both the Town’s Motion and Newport Materials’ Opposition to that Motion, the Court decided, without a hearing, to restore the provision, and then denied the Town’s Motion as moot. The Court further ordered the Town to file with the Town Clerk’s office by Monday, November 14th the Special Permit for this project so as to start the running of the twenty day period for any appeal of the Special Permit.

The Board of Selectmen is currently in the process of scheduling an Executive Session to discuss the latest ruling from the Court.

Andrea Peraner-Sweet
Chairman, Westford Board of Selectmen