Rosenfeld Concrete files court action against town over groundwater jurisdiction Issue arises related to 717,000 square foot warehouse proposed on its current site
By Theresa Knapp
Rosenfeld Concrete Corp. has filed action against the Town of Hopedale in Land Court regarding the validity of zoning of its 143+/- parcel of land at 75 Plain Street where a 717,000 square foot warehouse has been proposed.
On Sept. 21, Rosenfeld filed a Complaint and Prayer for Declaratory Judgment against the town for issues related to applicability of provisions of the town’s Groundwater Protection District bylaw, according to a brief update by the Select Board at its Oct. 11 meeting.
“The developer has asked the court to clarify who has jurisdiction over the wetland issues on the site. The board, in executive session, was updated on that and it’s in the court’s hands now; we’re waiting to see what the judge says,” reported Chair Glenda Hazard.
Rosenfeld’s complaint asks the court to rule that “The proposed warehouse is a by-right use in the Light Industrial and SWPD Districts; the proposed warehouse is not an enlargement or alteration of a pre-existing use per the GWPD Bylaw; Phase 1 of the warehouse project, if not proceeding 15% impervious coverage, does not require a Special Permit under the GWPD Bylaw; the warehouse project, as a whole, will require a Special Permit under the GWPD Bylaw if it exceeds 15% of the impervious cover; and Special Permit review of the warehouse project under the GWPD Bylaw is limited to the criteria under said Bylaw.”
Hazard said the board had decided, previously in Executive Session, not to oppose the motion but to let the court rule on the matter.
“We’re not taking any action as a town,” said Select Board member Brian Keyes. “The Land Court will make a decision or they’ll ask the town to come back with a more formative stance; that’s what we were given as options from town counsel.”
The full complaint can be found at https://bit.ly/3sdvLsV.