COURTESY PHOTO
Pictured is Wheelabrator Saugus.
By BRIDGET TURCOTTE
SAUGUS — After hearing from dozens of residents for more than two hours, the Planning Board made a positive recommendation for three articles proposed for a Special Town Meeting on Monday.
The Alliance for Health & the Environment, a coalition of environmental organizations and public officials, is opposed to the expansion of Wheelabrator Saugus, an energy-from-waste facility that disposes up to 1,500 tons of waste a day from 10 Massachusetts communities.
The group is asking Town Meeting members to support three zoning bylaw changes that will affect current and future landfills.
If approved by Town Meeting, definitions will be added to the town’s zoning bylaws for “ash,” “landfill” and “ash landfill.” An addition would be made to the Environmental Performance Standards section that restricts the elevation of a landfill to 50 feet above mean sea level.
“No new landfill or new ash landfill shall be established in or adjacent to an Area of Critical Environmental Concern and no existing landfill or ash landfill shall be expanded in or adjacent to an Area of Critical Environmental Concern,” read the first two articles.
The third article would alter the Table of Use Regulations under Zoning By-Laws, Article V, Section 5.6, by adding the principal use “landfill/ash landfill” to only be allowed in areas with industrial zoning and would require a special permit.
“We are frightened because this is in our backyard — this is where we live,” said Debra Panetta, chairwoman of the Saugus Board of Selectmen. “Our main concern is the health, welfare and safety of the citizens. People getting cancer in Precincts 10 and 3. We can’t say it’s specifically because of any particular plant, however, I don’t want to add anything that’s going to add any potential risk. I’m fearful for our safety and I’m fearful for our health.”
The board unanimously decided to recommend articles 1 and 3. Article 2 was supported by four out of five members. Chairman Peter Rossetti said he was concerned about the language of the amendment.
“My way of thinking, that potentially says that if that passes, (Wheelabrator) would not be able to continue operation,” he said.
Kirstie Pecci, an attorney with Conservation Law Foundation, said adding specific definitions that are taken from the state’s code of regulations will ensure clarity that all parties are discussing the same things.
Brian Costin, a Town Meeting member, added that it’s the “right of the citizens to amend our zoning laws.
“If these definitions had been in place 40 years ago, we wouldn’t be in this quagmire we are in now,” Costin said. “That’s why we need the language. So we can talk about it.”
Pecci also questioned why Wheelabrator was opposed to a height limit of 50 feet when they don’t have authority to expand past that as it is.
John Daukas of Goodwin Procter law firm representing Wheelabrator, said the bylaws would interfere with the Department of Environmental Protection’s ability to regulate the landfill. He also argued that they would violate the rights that have been grandfathered in for the site.
He cited a similar amendment adopted by Town Meeting in 2003 that restricted the height of ash piles to 40 feet that was annulled by Land Court in 2005. Wheelabrator sent a letter to the Board of Selectmen on Jan. 6 expressing the company’s opposition to the zoning changes.
“In addition to being clearly illegal, the articles, if passed by Town Meeting, would threaten our ability to keep providing environmental and economic benefits and will result in unnecessary and costly litigation for Saugus taxpayers,” said James Connolly, Wheelabrator vice president of environmental health and safety.
Connolly said many claims and misconceptions were being made about the facility. Millions of dollars have been invested in ash remediation and habitat restoration. He also argued that the ash is not toxic. The town and DEP both conduct regular inspections to ensure the facility remains in compliance.
“There is no basis for the claim that there are negative health impacts,” he said. “It’s not supported by any studies at all.”
Joan Leblanc of the Saugus River Watershed Council argued that the cost of any possible repercussions couldn’t outweigh what the landfill is costing residents.
“What would the true cost to people and the environment be of continuing to expand this coastal ash landfill into the future,” she said.
Eugene Decareau, a Town Meeting member, said the alternative could be worse for the environment.
“If they have to stop filling in the landfill right now, that means, in my opinion, maybe 10 to 20 trucks, 18 wheelers, every day will add pollution to the atmosphere,” said Decareau. “It will destroy our roads.”
Rep. RoseLee Vincent (D-Revere), who heads the Alliance, said Wheelabrator is bullying residents by attempting to “stomp on the town’s right to control its own zoning ordinances.”
“The town of Saugus has the right to govern itself,” said Vincent. “These are reasonable zoning changes and the town has the right to (vote on). Residents should not be intimidated by the threat of a lawsuit. Saugus will have a mountain of ash that your children can go skiing on if you don’t stop this.”
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Bridget Turcotte can be reached at [email protected]. Follow her on Twitter @BridgetTurcotte