The dispute over Concord’s application to enlarge its water treatment plant at Nagog Pond seems to be coming down to a question of whether Acton’s elected leaders have the legal authority to say “no” to a development that is opposed by virtually every Acton resident who has submitted either oral or written testimony throughout the long series of hearings.
In this document, Green Acton member and former Selectman Terra Friedrichs has compiled cases in which various judges in Massachusetts have supported the local authority’s denial of a proposed project for various reasons. If the Acton Board of Selectmen vote “no” on the Nagog Pond application, they will have plenty of legal precedent to support their position. On the other hand, if they vote “yes,” they will be establishing a risky precedent that special permits can be obtained for large industrial buildings in Acton residential areas.
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