The town says it may fight a judge’s order to permit a belt type concrete batching plant on Old Connecticut Path, a project the town has opposed for a decade.
In a ruling last month, Land Court Judge Keith C. Long vacated the Zoning Board of Appeals’ decision to deny Paulini Loam a special permit to build the facility within a “General Manufacturing” zone at 597 Old Connecticut Path.
While the town opposed the project on the grounds of noise, dust and truck traffic, Long found that Framingham’s zoning bylaw allows for the use “as of right.”
In his July 10 ruling, Long ordered the town to issue Paulini Loam a building permit.
Town Counsel Chris Petrini on Wednesday said his office and selectmen are evaluating their options, including the right to appeal to a higher court.
“Needless to say the town is disappointed with the decision and particularly the conclusion that a noxious use such as a concrete mixing plant would be an 'as of right'" use,” Petrini said. “We don’t feel that’s an accurate interpretation of our zoning bylaw.”
Long issued a 44-page written ruling after hearing experts from both sides testify on air quality, noise and traffic during a nine-day bench trial.
The case dates back to 2005, when Paulini first sought a building permit. The building commissioner and ZBA denied the request then, and again in 2008.
With its appeal, Paulini requested a judge’s declaration that it can build the concrete batch plant “as of right” on its 2.7-acre site, next to the Shell gas station and bordering the Cochituate Rail Trail and Mass. Turnpike.
Paulini proposes to build a concrete transit mix facility, where raw materials — sand, stone, cement and water — are loaded into a concrete truck with a rotating drum that mixes the materials while in transit to a job site. The batch plant and loading activities would be inside a fully enclosed, pre-fabricated metal building to minimize noise and emissions, the judge wrote in his decision.
Long wrote that he was guided by the “plain language” in the town’s zoning bylaw.
Under the bylaw, a manufacturing facility “free from neighborhood disturbing odors and/or agencies” is allowed by right, while a use that is hazardous or “offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features” is allowed only by special permit.
In ruling that the use is allowed by right, Long noted that the proposal includes many mitigation measures and state-of-the-art controls, including a truck wash area and 13-foot sound and visual barrier between the commercial concrete mixing plant and nearby residential and recreational areas.