HUDSON – The Board of Health discussed its options on Dec. 10 for hiring a special counsel to consult on the project by B-P Trucking to expand its current tonnage per day limit from 350 to 850.
The project will be categorized as a minor site modification proposal application, as noted by Public and Community Health Director Lauren Antonelli. The designation comes from the state, she said.
To her knowledge, Antonelli said the difference between a minor and a major site modification was whether a transfer station site and its site assignment already exists. Whether B-P can build on the site is established.
She said that although the tonnage increase may seem like a major change, the site has been deemed suitable for waste management. The proposal will potentially move the facility further back on B-P’s current site in addition to the additional 500 tons per day.
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The main focus of the meeting was hiring a special counsel as the town must be a co-applicant with B-P for any proposed changes due to the facility being on town property, according to Antonelli. Town counsel for Hudson will be representing B-P.
Antonelli said they are just trying to get a head start on the process and make sure everything is in place for B-P to go before the board. A clock begins once the application is received.
Antonelli said in addition to special counsel, the board can hire a peer reviewer or consultant to help it review the environmental impact reports. A public hearing officer to facilitate the public hearing, which will likely span multiple days, will need to be hired as well.
There are three possible options for special counsel: Dan Hill from Hill Law, Michael Scott from the Nutter firm and Marc Goldstein from Beveridge and Diamond PC.
She said more time would be needed to review all of the options. Hill was recommended by the Town Counsel, who would be vetting the special counsel who is chosen.
Antonelli said, “They’re all definitely strong applicants.”
None of them have submitted a full, official proposal for services as of yet, she said.
In terms of background, she said Hill does a lot of work in municipal law, while Goldstein works with applicants and is “very well versed in environmental matters,” particularly solid waste matters.
She noted that Scott has a good balance of municipal and environmental matters and “a 50/50 experience” in representing municipalities and applicants. The Nutter firm also has someone with environmental experience on staff who would work with Scott.
Regarding how the special counsel will be funded, the board is able to charge an application fee to B-P. Antonelli said it would probably be a minimum of $50,000 for special counsel services, but they did not have an exact number.
“All the work this will entail will be covered by the applicant,” Antonelli said. “But there will be more to come on that, and of course we’ll be taking that into consideration and making sure that the numbers are all calculated and in order before we sign any contracts.”
At the time of the meeting, B-P Trucking had not submitted an application for the proposal yet; the Dec. 10 meeting was the board’s second public meeting about the project.
The certification process with the state that B-P was required to do closed Nov. 29. This process was in response to the environmental reports that were submitted, she said. The final certification came through, and the state deemed that everything was in order for the proposed project.
She anticipated receiving that application “in the next week or two.”
“We’re still kind of in the early phases, but there will absolutely be a public comments period and a public hearing where people can come and will be given the opportunity to speak,” said Antonelli.
Any emails received from the public about the B-P facility expansion will be held until the public comment period opens, she said.
The board will meet next on Jan. 7.
