Posts tagged "1212617"

Town of Chelmsford, et al. v. Newport Materials, LLC, et al. (Lawyers Weekly No. 12-126-17)

COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT CIVIL ACTION No. 1681CV03455 TOWN OF CHELMSFORD1 & another2 vs. NEWPORT MATERIALS, LLC & others3 MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS NEWPORT MATERIALS, LLC AND 540 GROTON ROAD, LLC’S MOTION TO DISMISS The Town of Chelmsford (“Chelmsford”) and its fire chief, Gary Ryan (“Chief Ryan”), bring this appeal pursuant to G. L. c. 40A, ยง 17, challenging a decision by the Town of Westford (“Westford”) and the Westford Planning Board (the “Board”) granting defendants Newport Materials, LLC and 540 Groton Road, LLC (collectively, the “Newport Parties”) special permits for the construction and operation of an asphalt manufacturing plant (the “Project”) on a piece of property located in Westford, near the Chelmsford line (the “Property”). The matter is now before the court on the Newport Parties’ motion to dismiss pursuant to Mass. R. Civ. P. 12(b)(1) based on the plaintiffs’ alleged lack of standing, as well as Mass. R. Civ. P. 12(b)(6). Because the court agrees that the plaintiffs lack standing to bring this appeal, the Newport Parties’ motion to dismiss is ALLOWED.4 1 By and through its Board of Selectmen 2 Gary Ryan, in his capacity as Chief of the Chelmsford Fire Department 3 540 Groton Road, LLC; Dennis J. Galvin, Mathew Lewin, Darrin Wizst, Michael J. Green, and Kate Hollister, as members of the Westford Planning Board; and the Town of Westford, by and through its Board of Selectmen 4 Because the court allows the motion to dismiss pursuant to Mass. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction, the court does not reach the Newport Parties’ arguments that the plaintiffs’ complaint must be dismissed pursuant to Mass. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. BACKGROUND The Newport Parties own the Property, which is located at 540 Groton Road, in Westford, Massachusetts. The Property is an industrially-zoned, 115.52 acre lot. Ninety-two of those acres are in Westford, while the remaining twenty-three are in Chelmsford. The location of the proposed Project is entirely within the Westford portion of the Property. The Newport Parties do not propose to alter any portion of the Property located in Chelmsford. There is no allegation that Chelmsford itself owns land abutting the Property. The Property is abutted on the west by the Fletcher Quarry, an active and operational quarry since the 1800s that has no objection to the Project; on the south by Route 40; on the north by vacant industrial land; and on the east by U.S. Route 3, industrial properties and a single residence located at 263 Groton Road in Chelmsford. None of the abutting industrial properties, nor the owner of the single residence, […]


Posted by Massachusetts Legal Resources - September 8, 2017 at 8:32 pm

Categories: News   Tags: , , , , , ,