The Citizens for the Preservation of Upton, a recently formed watchdog group, has introduced a zoning bylaw in an attempt to prevent the facility from being built here. A public hearing on the bylaw will be held within two weeks.
A town official tells GlobeSt.com the bylaw, even if passed, my be toothless, because a property zoned for industrial use cannot be further restricted. She notes that the town's board of selectman has come out against the facility.
Andover, MA-based Christopher Haynes has not yet filed a formal application with the town but he has stated his intention to develop the facility to the town's board of health. The site is currently owned by Upton Fuel and Construction and is zoned for commercial and industrial use.
According to Marsha Paul, president of the Citizens for the Preservation of Upton, her group is aware that the bylaw might not prevent the facility from coming to town but she tells GlobeSt.com that they want to "augment existing bylaws and force [the facility] to follow more stringent rules."
She points out these types of facilities generally are not allowed to be sited near wetlands and this site is close to wetland property. "The bylaw is one prong of a multi-pronged approach to prevent it. Either way, this will be decided by legal option," she says. "This is the wrong place to put something like this." Paul notes that this parcel is near two schools, a residential area and the town's water supply. "We've got 90% of the people here not wanting this facility," she says.
The town's transfer station is currently on the site but it recently came to light that that the transfer station does not have a site assignment for that location. The town's board of health is looking to relocate the transfer station to town-owned property, according to an official with the town.
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