E.L. Harvey Gets OK For Berm Project

The Westborough, Mass., Planning Board has cleared the way for E.L. Harvey & Sons to construct an earthen berm along its property on Hopkinton Road, barring litigation by opponents.

A special permit authorized by the board allows the company to go ahead with plans designed to shield the neighborhood from recycling and trash transfer operations on its Westborough property.

Under its proposal, the earthen berm will be grassed and topped with deciduous and conifer trees and a variety of shrubs.

Approximately 35,500 cubic yards of topsoil and gravel, much of it transferred from the site of the high school expansion, will be included in the project.

In justifying issuing the special permit, planners said the company is in an industrial zoned district where earth moving is allowed.

The Conservation Commission also approved the project, which was found not to be in a wetlands district.

After a number of public hearings during which the Planning Board reviewed the company's plans, the board found the project would not be detrimental to the environment.

The planners' permit comes with conditions. The company must comply with a pollution control plan in accordance with Environmental Protection Agency regulations, storm water draining from a proposed parking lot is to be filtered before going into the ground and the town's Planning Board and conservation agent will observe work on a daily basis.

E.L. Harvey will post a $25,000 performance bond with the town treasurer. Soil is to be stabilized as the project moves along, subject to inspection by the town engineer.

Once complete, the berm will be permanently seeded and stabilized. Plantings are to be in accordance with a landscape plan approved by the Planning Board.

Other conditions include those the town usually requires of construction sites. Construction is limited to the hours between 8 a.m. and 5 p.m., Monday through Saturday. Truckers are required to cover loaded trucks.

In board hearings, opponents have charged the Harvey project will have an impact on Cedar Swamp and the town's water supply. In voting a special earthmoving permit, the board dismissed the argument, agreeing town wells will not be affected.

Stephen Scaringi, a project opponent, said he would need to review the decision with other opponents before deciding if they will explore litigation. He said there were some good items in the decision.

Benjamin A. Harvey, representing the Harvey family, said, "We'll keep plugging along." Shrewsbury (Massachusetts) Chronicle