In a decision filed today the Surface and Transportation Board (STB) found Grafton and Upton Railroad (G&U) has preemptive status regarding the proposed construction and operation of an additional rail yard and storage tracks in the town of Grafton.
Last fall the town of Grafton expressed concerns over G&U installing additional side tracks and tracks to hold trains; specifically whether or not the excavation taking place might be a threat to the environment. The Mass DEP inspected the site and no environment issues or concerns were found. G&U requested the STB to rule on preemptive status of the expansion.
The STB found no concerns to delay the project and determined the project is preempted from the state and local permitting and preclearance statutes, regulations, and other requirements that would unreasonably interfere with G&U’s ability to construct and operate the railroad facility. Based on the STB’s ruling G&U plans on resuming construction activity at the location in the spring.
Doug Pizzi, spokesperson for the G&U said, “We are pleased with what came out of the STB today and hope there will be a similar decision in regards to Upton.” Last year seven petitioners from Upton requested The Surface and Transportation Board determine if the activities at the Upton G&U site are preempted. To date there has been no decision.
In a second ruling the STB declared the Board has discretionary authority to issue a declaratory order to eliminate a controversy or remove uncertainty regarding the planned propane facility in Grafton. The Board will institute a declaratory order preceding and consider the matter. The STB stated a controversy exists as to whether G&U would be the financier, owner, and operator of the proposed transload facility and whether the Town’s enforcement of state and local permitting and preclearance statutes and regulations in connection with the facility is preempted.
G&U originally hired Spicer Gas as a subcontractor but has since terminated their arrangements with the company. The G&U intends to complete the transloading facility with their own employees and resources. G &U was directed by the STB to submit any additional information and arguments by February 28, 2014.
UPTON DAILY 