SAUGUS — Citing a procedural problem, Attorney General Maura Healey’s office has placed three provisions aimed at limiting the expansion of landfills in town on hold. The three measures were approved at a Special Town Meeting in February.
According to a letter from Healey’s office, notice of a Feb. 2 Saugus Planning Board hearing was not posted until Jan. 27, violating a 14-day public notification requirement. During the meeting, dozens of residents voiced opposition and support for the three articles. The board decided to make a positive recommendation on each of the articles for the Town Meeting.
The articles were proposed by the Alliance for Health & the Environment, a coalition of environmental organizations and public officials opposed to the expansion of Wheelabrator Saugus, an energy-from-waste facility that disposes up to 1,500 tons of waste each day from 10 communities.
Town Meeting members ultimately supported the three zoning bylaw changes that will affect current and future landfills. The first added definitions for “ash,” “landfill,” and “ash landfill.”
An addition will be made to the Environmental Performance Standards section that restricts the elevation of a landfill to 50 feet above sea level. It also states that 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 Concern.
The third article altered the Table of Use Regulations to restrict “landfill/ ash landfill” use to areas with industrial zoning. That use would require a special permit.
Each article received the two-thirds vote necessary for a zoning amendment to pass.
In a letter sent to Town Clerk Ellen Schena, Healey said the hearing was not posted in accordance with state law. As a result of the procedural defect, the 90-day period in which Healey reviews local bylaws has been suspended until after the Town Clerk has posted notice of the violation for 21 days and has had the notice published in a newspaper at least once.
During the 21 day period, residents can file a complaint with the clerk, stating that the notice defect was misleading or otherwise prejudicial. The clerk will submit a certified copy of the notice and any claims that were filed. Once the Attorney General receives the package, the 90-day period provided for the review will resume. If no claims are made, Healey has the discretion to waive any such defect.
