Battle of the Letters Continues …. Grafton Upton RR News

On April 9, 2013 the Upton Planning Board filed a letter with the Honorable Daniel R. Elliot III, Chairman of the Surface Transportation Board regarding STB Finance Docket 35652, Diana Del Grosso, et al. – Petition for Declaratory Order.

In the letter the Planning Board stated they fully support the efforts of the STB to remove controversy and uncertainty regarding the preemption status associated with the Grafton & Upton Railroad (G&U) and further explain concerns about the above captioned matter extending beyond the seven petitioners. The Planning Board advised in October 2011, by a vote of 3-0, the Planning Board decided to seek a ruling from the STB regarding the Upton Facility by engaging the services of an attorney independent of Town counsel, and by appropriating monies from the Planning Board operating budget. The Planning Board explains they were told by Upton’s Town Manager they could not appropriate monies or obtain counsel pro bono without authority from the Board of Selectmen.

Included with the letter to the STB is the report filed by the Board of Selectmen’s Fact Finding Committee which found additional information would be required for the STB to determine preemptive status. G&U had sent correspondence to the Fact Finding Committee which stated the committee could not speak to, interview, question, telephone, or communicate with anyone from G&U or any of their subcontractors. Filed with the Fact Finding Committee report was a report co-authored by the Planning Board which found the wood pellet packaging plant would likely not be considered preempted if the issue was brought before the STB. Both reports were attached to the Planning Board’s letter to the STB.

On April 22, G&U filed a motion to strike this letter from the record.

Here is a copy of the letter and its attachments.

Here are other related articles/letters