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Northborough Planning Board heads to trial in Gutierrez appeal
Trial | from page 12 ral resources and to protect and preserve potential and present water supply sources, according to Doneski.
The bylaw is specific, Doneski argued, when it comes to what it requires and protects.
“Crucial” in the bylaw when considering groundwater special permits applications, Doneski said, is the fact that “the Planning Board must take into account the simplicity, the reliability and the feasibility of the control measures for groundwater protection that are being presented and the risk of those measures fail.”
He said the Bartlett Street property is “extremely sensitive.”
“A special permit…is a matter within the discretion of the special permit granting authority, even though it might be the case that an application presents all the facts that might entitle an applicant to approval,” Doneski said. “In this instance, the Planning Board recognized the facts that this is an extremely sensitive property.”
He referenced snow removal concerns in Gutierrez’s plans, arguing in opening statements that testimony would show that the procedures for handling snow do not meet a simplicity, reliability and feasibility test.
Doneski added that, if the court found that there was reason to find fault or misapplication of standards, the appropriate remedy was a remand to the board and not an order for the site plan and special permit to be approved.
Gutierrez’s second appeal
This is not the only case involving the Gutierrez Company and Northborough Planning Board before Land Court.
A month before Gutierrez filed this appeal, the company filed another application with the town, seeking to build an industrial subdivision.
As part of the application, Gutierrez proposed building a road over the Wachusett Aqueduct.
The Planning Board later denied those plans in June 2021 with some board members expressing concerns about ownership, what was covered under impact studies and whether Gutierrez had the authority to execute its plans.
Gutierrez filed an appeal of this decision in July.
That case is still open before the Land Court. According to its docket, the most recent action was a case management conference held last August.
The board, likewise, is also facing a third appeal in Land Court of a permit denial for the Steris Corporation, which had been seeking approval to expand one of its facilities on Whitney Street. This case is scheduled for a status conference in July.
What comes next
At the conclusion of the Gutierrez trial on Monday, Judge Kevin Smith told the attorneys to submit their closing briefs within 30 days after the court receives the transcript of the trial.
After Smith receives those briefs, the court will schedule closing arguments to eventually come to a decision in this case.
6 runner approved tips to start running trails
By Dr. Neil Feldman Podiatrist
Massachusetts in May has the perfect weather for running trails, and Central Massachusetts is littered with open space gems to explore.
Trail running requires minimal gear and delivers big rewards. As avid runners, we at Central Massachusetts Podiatry speak from experience.
Here are six basic tips to ensure your adventure is safe and fun, so you can start today. 1. Research your trail, know the terrain and distance. Ask friends or the Docs for suggested trails or a destination run. 2. Watch your step. While running keep your eyes in the direction you are traveling to avoid tripping over roots, rocks, and even critters. 3. Bring water, in hydration packs, a hydration vest, or water bottles. Use an electrolyte mix if the weather is hot or you have a tendency to sweat.
4. Wear moisture-wicking
clothing. Stick with shirts, shorts, and socks made of synthetic materials.
5. Wear sunscreen of at
least 30 SPF and hats while considering covering your ears!
6. Invest in trail running
shoes. They’re thicker, sturdier, and offer better traction and protection than regular running shoes. For specialized shoe guidance call 508-757-4003.
This article was edited and condensed. Read the full tips at www.centralmasspodiatry.com/blog
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Westborough Civic Club holds 2022 fishing challenge
Fishing | from page 1
The fishing challenge is a free event, with the only requirement being that participants register in order to be placed in the correct age category.
The winner of each category is determined based on the length of their fish. First, second and third-place contestants each receive a prize consisting of a variety of fishing gear. Whoever catches the longest fish across all categories is given a separate grand prize.
The grand prize winner of this year’s event, as listed on the event leaderboard was junior group contender number 170, Ekat, with an 18-inch trout.
Angler 448, Ahaan, won the youth division with a 14.5-inch catch.
Angler 428, Mike, won the
Ben Bouchard participates in this year’s fishing challenge. adult division with a 15.5-inch catch. “It’s a great event that we’re happy to have every year,” club president Dave Reynolds said. “We’re especially excited to have it this year, getting everyone back together again post-COVID.” See full leaderboards online at https://www.facebook.com/ westboroughcivicclub/photos/ pcb.5495270807152807/54952 69233819631.
By Laura Hayes Senior Reporter SHREWSBURY - Recent issues regarding the collection of yard waste have prompted Shrewsbury officials to postpone collection of yard waste altogether until further notice.
However, residents will be able to drop their yard waste off at the highway garage at 211 South Street through Friday, June 3.
Town Manager Kevin Mizikar addressed some of the “challenges” that the town has been having during the Board of Selectmen meeting last Tuesday.
“We’ve been working diligently with our contractor, Waste Management, but unfortunately they don’t have staffing sufficient to perform yard waste [collection] in the communities that they operate in,” Mizikar said.
He said Waste Management has prioritized their resources to ensure the collection of trash and recycling.
“We don’t foresee any issues with that,” Mizikar said.
Because of Waste Management’s staffing levels and “inconsistency we have experienced with them over the past few weeks,” though, Mizikar said the town has put an indefinite postponement on the yard waste collection.
“We certainly don’t take this lightly, and it is embarrassing,” Mizikar said. “We’re disappointed that we’re not able to provide the services that we expect at the level that we expect and what we’ve contracted for.”
Mizikar assured residents that all obligations and actions available to the town under its contract with Waste Management will be enforced “to the best interest of the town.”
The matter will be reviewed with Town Counsel, he said, and the town is working on developing a path forward in regards to the contract.
In the meantime, Mizikar said the town is working on alternative ways to collect yard waste. That includes having town staff or other contractors or companies collecting it.
Shrewsbury residents have posted on social media noting missed yard waste collection.
The town, itself, has regularly posted updates on when yard waste collection was postponed and alternative options for residents to get rid of their waste.
Currently, residents can drop off their yard waste at the garage on weekdays between 7:30 a.m. and 3:30 p.m. Additionally, Shrewsbury plans to offer evening drop-off hours. The first of those was set for Thursday from 3:30 p.m. to 7 p.m. as of last Thursday morning. The town plans to notify residents when new evening dates are selected.
“I’m sorry to have to ask residents to do this, but it’s our best option at this point,” Mizikar said of the drop off.
PHOTO/LAURA HAYES
A truck removes yard waste at the Shrewsbury highway garage on South Street.
Southborough Gardeners to host flower show
SOUTHBOROUGH - The Southborough Gardeners will hold a flower show and plant sale at the Community House on 8 a.m. to 1 p.m. on Saturday, May 21.
The flower show will commemorate the 50th anniversary of the Southborough Gardeners.
The show will feature 30 arrangements, which will be raffled at the end of the event. Raffle tickets will be sold for $5 for individual tickets or $10 for three tickets.
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