Town attorney Carolyn Murray elaborated on Chelmsford’s standing, confirming that the town’s Subsidized Housing Inventory (SHI) had surpassed the statutory 10% threshold, currently standing at 10.02%. This achievement was bolstered by additional affordable units from recent projects at Cobblestone Place and Princeton Street. The board members referenced a precedent set in a previous decision concerning Crosby Lane, which guided their consensus to invoke “safe harbor” for the Riverneck Road application.

Despite a request from Matt Penture, representing 243 Riverneck LLC, for a swift decision on the “safe harbor” issue to avoid unnecessary expenditures, the board proceeded with a motion to deny the application. The motion was seconded and passed unanimously, leading to the conclusion that the application would move to a court hearing to verify the validity of the board’s invocation of “safe harbor.”

Another topic addressed during the meeting was the contentious enforcement order issued against Newport Materials, a quarrying business on Ledge Road. The order, which demanded the reduction of truck traffic attributed to Newport, faced strong opposition from Newport’s representatives, who argued that the order was arbitrary and failed to consider other commercial users contributing to the traffic. The representatives claimed the enforcement order lacked a solid factual and legal foundation, pointing to inconsistencies in how it targeted Newport exclusively.

Newport’s representatives also questioned the reliability of drone studies used to support the enforcement order, criticizing their lack of rigor and the absence of detailed traffic analysis. They cited existing legal statutes and prior settlement agreements to argue against the enforcement order’s validity, emphasizing the company’s historical legal compliance and the town’s own use of Newport’s materials.

The public comment segment revealed deep-seated community concerns about the impact of truck traffic on residential areas stemming from Newport’s operations. Residents, including longtime locals, described the detrimental effects on their neighborhoods, emphasizing safety hazards, noise, and disruption to daily life. They urged the board to enforce the cease and desist order, highlighting the perceived injustice of allowing increased commercial traffic in residential zones.

The board ultimately voted to uphold the building commissioner’s cease and desist order against Newport Aggregates. Discussions among board members suggested the potential for collaboration with neighboring Westford to explore alternate routes and solutions for mitigating the traffic concerns.