GRAFTON – The Grafton and Upton Railroad today announced that the federal Surface Transportation Board (STB) has found in the railroad’s favor as it concerns the railroad’s plans to construct and operate a liquefied propane gas (LPG) transloading facility at its North Grafton rail yard located at 42 Westboro Road.
In a decision dated today, Sept. 19, 2014, the STB ruled for the railroad on all of its contentions that federal pre-emption applies to the plan to build and operate the LPG facility when it stated, in part, “…that state and local permitting and preclearance requirements, including zoning requirements, are preempted with regard to the construction and operation of the facility…”
“After two years, hundreds of thousands of dollars in legal fees, and the associated loss of business, this long awaited decision vindicates all of the railroad’s arguments that an LPG transloading facility is in fact rail transportation as defined by federal regulations,” said G&U owner Jon Delli Priscoli. “I would hope that the town will now stop trying to obstruct the railroad’s business and cooperate with us to develop a safe facility to distribute this increasingly needed commodity to customers throughout the region.”
The decision discounted the Town’s arguments against the facility on every front, most pointedly, the contention that the railroad lacked the ability to finance the construction of the facility, when the Board wrote, “In contrast, there is substantial evidence in the record demonstrating that (Delli) Priscoli has sufficient assets to finance the project as it is currently planned.”
The G&U will now marshal its resources with an eye toward building the facility as soon as possible.
UPTON DAILY 
The preemption laws are the law, but not all laws are correct and many should be overturned. This is one of them.
I find it very interesting that after a little research the law firm in Grafton is the same law firm in Upton plus the same law firm in Winchester-so far in the only 4 cases they have ever handled regarding railroads they have now lost and lost big on 3 and after reading those decisions it is very clear Upton is about fall in the loss column as well . Why don’t these lawyers be honest that railroads have rights in fact very strong rights and advise their clients to work with them ? I want to commend our leaders (except planning board) in working with the railroad vs. suing them. It appears you get a lot more for your money working with someone vs. never ending legal bills etc. I guess that’s why lawyers are the second oldest profession very similar the oldest don’t you think?
If I was running the opposition to the railroad in Upton I would run to make a amends now with the railroad and back off. Us folks in Grafton are now going to be faced with a huge legal/settlement bill maybe in the millions all over a handful of Nimby’s. Your case in Upton is a huge looser just like Grafton’s do something now before you can’t !
My point exactly. What part of railrods are exempt from local, counry, and state zoning don’t people understand? This is not debatable and will end up costing the taxpayers money, lots of money. It’s past time for the NIMBY’s to put up for sale signs and get different back yards. Those tracks were there long before most, if not all, of them bought their homes.
that should say “county” after local above 🙂 fat fingers!
The Upton case is yet to be decided.
The Town of Grafton officials at least tried to defend their community. Upton officials, not so much.
Not buying the Upton Maple Ave property opened the door for Delli Priscoli and was one of Upton’s worst ever town meeting decisions.
I think it was important for the Surface Transportation Board to remove “controversy” -any doubt. The quantity of these chemicals that will pass thorugh there and be stored there; and the transload process itself is not to be taken lightly and poses real risk for the safety and health of the families and communities we love. This was a necessary process. Preemption laws are so vague and are case by case. I pray to God to Bless us all that every safe precaution is taken by the Rail to keep Grafton and Upton the safe happy communities that they have grown to be so our kids can grow up healthy. The fracking process of this comodity and the chemicals that get pumped into the ground to extract natural gases like propane can be devastating to the environment. I pray that as we grow more aware and conscious as to how we can live sustainably with the planet and away from fossil fuels, the trains can one day carry solar panels and wind turbines!! Here’s to that!
There was no “controversy” or doubt, The pre-exemption LAWS are NOT vague. They are very straightforward and clear. The railroads are NOT subject to local laws. Which word is difficult to comprehend?
The Town of Grafton residents should have to reimburse the G&U RR owner’s legal expenses for this frivolous case. And we in Upton should take note of the decision made in Grafton. RR’s are EXEMPT from town zoning. Period.