Land Court Rejects Denial of 500-ton Trash Station

GEORGETOWN – Land Court Judge Kevin Smith sided last week with G. Mello Trash Disposal Corp. and ordered the town’s Conservation Commission to approve conditions on the proposed 500-ton trash transfer station that are not “unreasonable, arbitrary and capricious.”
The long-awaited decision kicks the approval of the controversial trash transfer station on Carleton Drive back to the commission. The ConCom denied a permit to Mello on Jan. 3, 2022.
The station has already been approved by the town’s Health Board and is under re-consideration by the town’s Planning Board, which also had its denial of the station overturned. A major issue is the rebuilding of Carleton Drive.
Mello proposed to build and operate the 500-ton facility after the Department of Environmental Protection (DEP) ordered it to close its current 50-ton transfer station on Rte. 133.
The judge wrote: “Where the commission provided no reasons (for not approving the station), I cannot be sure that its reasons were not arbitrary, a pretext or were otherwise impermissible.”
At the time, the commission rejected Mello’s application for a permit because the resolution said Mello’s plan did not comply with the special conditions for not disturbing the property’s wetlands. The commission also said Mello failed to provide additional information that it requested.
Mello wanted to build a new road for the transfer station through wetlands. It proposed to replicate the disturbed wetlands by constructing new wetlands elsewhere on the property. An existing road was rejected because it would have required that the proposed trash processing building face neighboring homes instead of the highway.
The denial of Mello’s permit is a major reason the commission and members of the SelectBoard have been conflict, which the two boards are trying to resolve through mediation.
The commission is scheduled to meet this week to consider hiring a new conservation agent. It also has scheduled a meeting on Thursday, Nov. 16.