News Release – Lawsuit filed against City of Northampton, MA seeking relief regarding continuing zoning violations and nuisance conditions.

Northampton, Massachusetts – Four residents of Northampton who are direct abutters of the Northampton Regional Sanitary Landfill on Glendale road have today filed a complaint in the Massachusetts Land Court in Boston to overturn the Northampton Zoning Board of Appeals’ September 18, 2008 decision that current operations of the landfill do not violate the City’s zoning ordinance.

According to Mike Fedora, one of the plaintiffs, for many years the landfill has been causing serious impacts to the surrounding neighborhood, a fact which City officials openly and repeatedly admitted at the ZBA hearings held during the summer. The lawsuit seeks to overturn the ZBA’s decision that these impacts have not increased to a sufficient degree to require that the zoning violations be corrected. According to Mr. Fedora, the landfill has been operating for years without the necessary permits and approvals while its harmful impacts on residents in the neighborhood – ranging from excessive noise, foul odors, contaminated wetland and private wells — have gone on uncorrected.

“It is ironic that the City – in order to defend against our request that the zoning laws be enforced — had to admit that the landfill has been causing serious impacts to the neighborhood for many years,” Mr. Fedora said in highlighting testimony and arguments made by the DPW at the ZBA hearings. In addition, the suit maintains that the landfill is operating an unlawful “power plant” which is a prohibited use under the zoning ordinance.

The litigation is being brought on behalf of the residents by Boston Environmental Attorney Peter L. Koff.

Thank you,

Citizens United for a Healthy Future

Northampton/Easthampton

SAVE THE AQUIFER

Protect our drinking water

Stop the Northampton landfill expansion

www.savingparadise.info