The Grafton & Upton Rail Road (G&U) has filed another Motion to Strike requesting the Surface and Transportation Board to remove from the record a letter dated March 10, 2013 and filed on April 24, 2013 from citizens of the Town of Upton, Massachusetts regarding STB Finance Docket 35652, Diana Del Grosso, et al. – Petition for Declaratory Order.
The Letter dated March 10, 2013 filed with Cynthia T. Brown, Chief Section of Administration Office of Proceedings Surface Transportation Board, on April 24, 2013 has approximately 187 signatures from Upton residents. Here is the letter.
Re: Diana Del Grosso, et al. -Petition for Declaratory Order; Finance Docket No. 35652
Dear Ms. Brown:
We are writing as citizens of Upton Massachusetts to lend our support to the actions of the petitioners in the above referenced proceeding. Attached are signatures from residents of Upton fully supporting the petitioners desire to remove the uncertainty and controversy surrounding the ongoing rail yard activities at 25 Maple Street, Upton MA. Upton Massachusetts is a small, bedroom community with approximately 7,500 citizens. The Maple Avenue rail yard is at the heart of this community, in close proximity to the local high school, a regional vocational high school, a residential neighborhood, town surface wells, an elementary school, a senior center and senior housing. It is of utmost importance that our local town officials are provided with the opportunity to protect the health and safety of its inhabitants and preserve the quality of the human environment.
Thank you for your time and attention to this proceeding.
In the Motion to Strike, G&U argues the letter of concern was submitted late and the facts in the letter are unverified. “The citizens suggest that rail operations at the yard might pollute the Town’s water supply,” which G&U states is “false.” The Motion also argues the letter “contends Upton officials have not been given the opportunity to apply local regulations to protect the health and safety of citizens” which G&U disagrees with as they argue “G&U has complied with the BOH, Police Department, Fire Department, and Board of Selectmen.” The motion also argues the “Board of Selectmen is an agency vested with ultimate authority and responsibility for the protection of the health and safety of citizens and after a thorough review the Board of Selectmen has elected not to pursue any permitting or preclearance requirements, based on it’s conclusion that preemption is applicable. In accordance with the decisions of the Board and the courts concerning preemption, and contrary to the “facts” set forth in the letter, G&U has consistently complied with the substance of local regulations governing health and safety.” You can find the entire Motion here.
Here is another post on “battle of the letters” which links to other letters.
Feature image – Glen Avenue in West Upton – photo by John Kloczowski – courtesy of Friends of Grafton Upton Railroad Facebook Page
UPTON DAILY 