Developer Of Controversial Woburn Project Appeals Order

WOBURN, MA — Woburn 38 Corp., the developer of the controversial Ledges 38 project in north Woburn, filed an appeal last week of a May 9 cease and desist order by the city's building department. That order said ONYX Corp., a subcontractor for Woburn 38, was violating zoning laws by selling earth from the ongoing blasting operation. That blasting operation has drawn protests from neighbors in Wilmington and north Woburn, who say ground shaking from the blasting can be felt in homes up to 500 feet away from the site at 1042 Main Street.

The Zoning Board of Appeals has placed the appeal on its agenda for June 19. In its appeal, Woburn 38 says city officials were aware that earth removed from the property would be sold, and that an approval by the Massachusetts Housing Appeals Committee grants the company permission to do so.

Construction on the project started in April. While the Woburn Zoning Board of Appeals denied a special permit for the 168-unit housing complex, that denial was overruled by the Massachusetts Housing Appeals Committee. The state board's ruling was upheld by an appeals court, and the Massachusetts Supreme Judicial Court has declined to hear the case.

State Reps. Dave Robertson (D-Tewksbury), Richard Haggerty (D-Woburn) and Kenneth Gordon (D-Bedford), as well as State Sen. Cindy Friedman (D-Arlington) and Bruce Tarr (R-Gloucester), have all raised concerns about the project. In an April letter to the state Department of Environmental Protection, they said they were worried about the release of silica dust — which has been linked to cases of lung disease and several different cancers — when 420,000 cubic yards of soil is removed.

"While we support accessible and affordable housing opportunities in the greater Boston area, the impact the proposed project has on the surrounding neighborhoods in terms of dust, noise and construct on an environmentally damaged plot leads us to believe that such a project's negatives far outweigh any perceived benefits," the letter to the DEP said

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).