Swampscott Extends Aggregate's Blasting Permit Amid Pending Lawsuit

SWAMPSCOTT, MA — The Swampscott Select Board extended Aggregate Industries' earth removal permit in the town for 120 days on Wednesday amid ongoing litigation about restrictions the town has placed on the company's blasting capability.

Town Administrator Sean Fitzgerald and Aggregate officials agreed to resume talks on a possible resolution of the dispute over the next few months after company representatives accused the town of being unresponsive to its attempts to have those discussions over the past year.

"My client understands that its operation on its property are subject to a level of regulation and restrictions," said Chris Drucas, attorney for Aggregate Industries, which filed a federal lawsuit against the town last year. "But those restrictions still must allow the company to function on its property and must be based upon science.

"Obviously, we believe the last permit (covering June 2021 through June 2022) contains numerous restrictions that go too far. We believe they are unlawful and significantly hamper my client's ability to use its property."

Drucas said aspects of the current permit that Aggregate believes "are not rationally tied to science" include the restriction on number of blasts per year at 50, a prohibition of any blast lower in the ground than 50 feet, and a vibration requirement that exceeds state guidelines on acceptability, among others.

"There are many other provisions that we think are unlawful and if you were to reissue the current permit we cannot function with," Drucas concluded. "But Aggregate is still willing to discuss (those provisions) with the town and try to reach accommodations without impeding Aggregate's rights."

Fitzgerald said he does not see that there is a "communications gap" with the company, and that the town is willing to have those conversations, but that his office's first priority will be the well-being and interests of residents near the blasting facility.

"My responsibility is to protect the town,"Fitzgerald said. " Frankly, I've asked everybody to kind of work with us to find standards that are reasonable and certainly I am happy to go through your list of recommendations.

"But at the end of the day we're not going to equivocate on things that we believe are essential to balance the needs of this community with the needs of your business."

Fitzgerald said he believes the company can be successful under the current or near-equivalent restrictions.

"We look at the tons of rock that you are blasting," he said. "We see the trucks that come in and out of this community. We see how it impacts our roads and our community. And, frankly, it seems as though over the last year we have found a standard that seems to be working. I would like to think that we could set up a few more meetings and amicably figure this out.

"I don't look forward to going and talking to a federal judge about this. But if we have to, we will."

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)