Steris

STERIS, Planning Board case dismissed

Steris | from page 1

In the Abu Construction and KA Realty case, the developers were originally proposing to construct four two-family dwelling units, which was later changed to three single-family homes and two duplexes.

In January 2019, the Planning Board denied an application for a special permit and waivers.

“I want to acknowledge the Planning Board’s work throughout that time,” Martinek said. “It can be a stressful thing. I appreciate the perseverance.”

She thanked the board for their work.

“Sometimes this looks like an easy job, but there are a lot of sleepless nights for all of us in these last couple of years,” said Martinek.

STERIS appeal

STERIS, which is a medical equipment company, has properties at 435 and 425 Whitney Street in Northborough.

The company sought to construct two additions to its building at 425 Whitney Street, adding about 23,000 square feet to its 44,000-square-foot building. Court documents noted that the purpose of the project was to install an x-ray pallet system to sterilize medical devices, equipment and consumer products.

STERIS filed its application in 2019, and in June 2021, the Planning Board denied STERIS’ site plan and groundwater special permit.

STERIS appealed their decision in August 2021.

STERIS’ attorneys wrote in the appeal that the Planning Board had applied the wrong criteria to the application “contrary to detailed legal memoranda from Town Counsel, and manufactured purported findings of fact to deny STERIS’ application with gross negligence, in bad faith and with malice against STERIS.”

STERIS’ lawyers wrote that the x-ray system is designed and operated in accordance with the Massachusetts Department of Public Health requirements, which they said had “exclusive” jurisdiction over the technology.

“At many of the sessions, the Board expressed confusion as to the scope of its jurisdiction and review, and the appropriate criteria for the site plan review and the groundwater special permit requested in the Application,” the appeal said.

All of the then-Planning Board members voiced concerns about a number of topics, including a proposed concrete plant on site during construction, noise, lighting, stockpiles of materials and a series of reports filed with the town.

In court documents, attorneys for the Planning Board said the board found that the application didn’t satisfy all of the criteria set forth in bylaws, including that there was “insufficient evidence that the Project ‘would not be injurious to the public health, safety, welfare, order, appearance, prosperity, or general welfare.’”

Further, the attorneys argued that there was an “incomplete comparison” of the impacts from on-site concrete production versus off-site and the “adverse effects of the Project use would outweigh beneficial impacts to the Town and/or neighborhood.”

They also argued that the board had found that the proposed x-ray activities didn’t qualify as a permissible use.

During the June meeting, Martinek had said there wasn’t information about the automatic shutdown of on-site chillers, including its technical design and information on protocols or plans for an emergency shutdown.

“I think evaluating safety is part of our responsibility, and I think part of what we did is to figure out ‘Is this a safe project?’” Martinek said.

With this move, the case before Land Court is closed.

PHOTO/LAURA HAYES STERIS is located at 435 and 425 Whitney Street.

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