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August 22, 2001
Round 2 for trash station: Controversial proposal is now headed to court
By CHRISTOPHER WALKER
The Patriot Ledger
ABINGTON - They’ve only begun to fight.
With a marathon public hearing finished and the board of health’s 106-page ruling
rendered, the two-year battle over a proposed Route 18 trash transfer station
moves out of Abington Town Hall and into state courts.
The legal maneuvering, which could take several years, will officially begin within
a few weeks when Cohasset trash hauler Paul Barry is expected to file a written
challenge in Superior Court to the health board’s rejection of his project.
The health board, in a unanimous vote last week, revoked two permits allowing
Barry to operate a transfer station capable of handling 1,800 tons of garbage
daily. It would have been among the largest facilities of its kind in the state.
“This is headed for a very quick appeal before a neutral judge who will hear the
evidence in a more even-handed way,” said Barry’s chief lawyer, Anton
Moehrke.
The court fight is expected to last much longer than the health board’s 29-session,
seven-month public hearing, but it will be considerably less costly, according to
several people involved in the case.
The process is a “paper appeal,” with little new evidence and no discovery
phase.
“All of the usual stuff that costs all the money in a lawsuit and wears people out is
pretty much thrown out the window,” said John Mc-Nabb, a consultant for
REACT, the citizens group fighting the transfer station. “This will cost a fraction
of
what the hearing did, 20 percent at most.”
The money thrown into the transfer station proceedings has been a consistently
heated subject in Abington, which has spent close to $200,000 on the matter and
has $40,000 in unpaid legal bills.
A special town meeting will be needed to pay off the remaining debt, and
selectmen plan to review the billing practices of Paul DeRensis, the lawyer hired
to represent the health board during the hearing. DeRensis has not worked for the
health board for several months because of a payment dispute.
At least one selectman also believes that all future transfer station spending should
be decided by a ballot question. Regardless, it’s not likely that town officials are
going to let up the fight against the station, selectmen Chairman Kevin Donovan
said.
There is little indication that a settlement is possible, Donovan said.
“From what I understand, the appeal is going to cost far less than what people
think it is,” Donovan said. “I don’t think we as selectmen even have the
authority
to negotiate a settlement at this point.”
The transfer station is planned for property near the Weymouth border.
Weymouth spent more than $50,000 on legal fees and expert testimony for the
transfer station hearing, but the town has yet to decide whether it will get involved
in the court case, said Jane Hackett, the chief of staff for Mayor David Madden.
REACT will argue against the transfer station every step of the way, he said,
adding that the group has incurred bills in the “lower thousands” for its fight.
The group, however, is fighting a public perception that the transfer station battle
is over, and it plans to step up fund-raising efforts.
“We don’t want people to think this is over. This is all won on the
follow-through,
and will cost some more money,” McNabb said.
Christopher Walker may be reached at cwalker@ledger.com.
Copyright 2001 The Patriot Ledger
Transmitted August 22, 2001
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