Grafton neighbors take Planning Board’s warehouse approval to court

A group of neighbors are appealing the approval of the warehouse proposed for 244 Worcester Street, claiming that the Planning Board exceeded its authority by not considering the impact of traffic, noise, light, and overall safety on the area.

Amy Thornton, Robyn Steward and Danielle McDonough filed the complaint in the Worcester County Superior Court earlier this month, employing the Boston-based Krems, Jackowitz & Carman.

“In short, the Decision merely parrots the special permit factors set forth in  the By-Law and is bereft of any supporting facts, reasons or analyses as to how or why any of the special permit factors were met,” the filing reads,

The 375,000 square foot warehouse, approved on April 4, was first proposed by Churchill & Banks in late July 2021 for the 26.2 acre front lawn of Wyman Gordon. While the site is zoned industrial, it sits directly across the street from a thickly settled neighborhood — and just down the road from the entrance to the Mass Pike.

The building will be built on spec, which the appeal cites as another reason for not approving it.

“It was impossible for the Board to make any requisite findings given that Churchill has not identified the tenant and/or business that will occupy and operate the Proposed Warehouse,” according to the filing.

The Planning Board did come away with several concessions from the original proposal:

• Hours of operation were changed from 24 hours a day to restricting trips into the complex between 11 p.m. and 5 a.m.;
• The warehouse will not be a “last mile” facility where delivery drivers would pick up goods;
• The applicant abandoned plans to seek a waiver to build taller than that allowed under zoning;
• Tractor-trailers will be required to travel west toward the Mass Pike on Route 122, with the exit from the facility designed to restrict turns;
• Two hundred parking spaces out of a total of 666 spaces are proposed as reserve parking;
• The applicant agreed to work with Mass DOT on traffic mitigation measures as well as adding continued traffic monitoring once open.

Additionally, the Select Board last week met with the Traffic Safety Committee to discuss ways to prevent truck traffic from entering the neighborhood, traveling down Brigham Hill Road, or turning left out of the parking lot, as well with meeting with Mass DOT about additional controls on the state-controlled Worcester Street.

“The Decision is unsupported by any appropriate findings of facts is unreasonable, legally untenable, whimsical, arbitrary and capricious, and otherwise failed to consider the numerous requirements,” the appeal concludes.

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