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Fruit Street 1, Appellants 0 Act I
by Robert Falcione
August 28,
2007 — On August 22, 2007, a Superior Court Justice
allowed a motion
by the Town of Hopkinton to dismiss a lawsuit by Brian Morrison,
former Conservation Commission Chairman, who sought to stop construction
of the Fruit Street Wastewater Treatment Facility. Mr. Morrison named the DPW and the Conservation Commission members as defendants, including Craig Nation, son the the developer, Ron Nation, whom Mr. Morrison previously sued over an abutting piece of property Mr. Nation sought to develop on a peninsula on Lake Whitehall, of which Mr. Morrison is the sole year round resident abutting the land on two sides. The judge determined through case law that Mr. Morrison lacked standing, in part because he could not prove a "substantial injury or injustice arising from the proceeding under review." The judge went on to say that Mr. Morrison was alleging that the Town was violating its own bylaw with the Conservation Commission's order allowing the construction of the Facility. "In no way does this language within Morrison's complaint assert how such a purported violation negatively affects him, or infringes on some legal right that he alone possesses," the judge wrote. According to the judge, Mr. Morrison, in opposition to the motion to dismiss, stated that he lived within several hundred yards of the property for 14 years. "Additionally," writes the judge, "he states that building the wastewater treatment facility would impede his ability as professional photographer to take pictures of vernal pools and other wetland resources within the area." When asked over the telephone today if any of those photos could be viewed online, Mr. Morrison stated, "Not at this time." But throwing that suit out is only one step toward making the dream of some people to have sewage piped onto the Fruit Street property for treatment, come true. On February 5, 2007, thirty-four people calling themselves "Residents' Appeal of Fruit Street Permit" signed an appeal to the DEP of the Conservation Commission's Order of Conditions. One of their claims was that that the Facility would be built within the area of a designated and legally binding Conservation Restriction. In addition, the group believes that an alternative to a roadway to the facility should be investigated, and that other areas of the property are more suitable for wastewater discharge. They further state that the applicants (Town, DPW) have created their own hardship by maximizing project density, and that the facility could have been located elsewhere. Mr. Morrison is also a signer of this appeal, as is Liisa Jackson, who was recently denied her bid for appointment to a seat on that Commission by the Selectmen, one of whom, Mary Pratt, had previously stated she would not vote to appoint anyone who had sued the town. Kevin Kohrt, who was elected to the Board of Public Works in May, was also a signer. The majority of the people signing the petition are either abutters or live in close proximity to the project or in a sphere of influence. It is unlikely the people who bought the $600,00 plus homes in that neighborhood were expecting a sewage treatment plant to move in nearby after them. However, the proponents of the plant have long claimed that the contained plant built with new technology will emit no odor, and the discharge water will be "near drinking water quality." At the close of business on yesterday, the Conservation Office had yet to hear from the DEP on the status of the Residents' Appeal. File photos above. Previous Story: Who signed the Fruit Street Appeal?
February 8, 2007 — On February 5, HopNews broke the story about an appeal of the Fruit Street WWTP (Link above). Readers have asked us to identify those who have signed the appeal. The complete the list is below, or: Click here to see the actual the signatures, directly from the Commonwealth.
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