Leominster Materials Corp. v. Town of Lancaster

Leominster Materials Corporation (LMC) proposed to build a bituminous concrete (asphalt) plant and stone crushing facility on the land it leased in the town of Lancaster (town). The board of health of the town (board), by a letter to LMC dated July 10, 1997, determined that the activity proposed by LMC “may be a ‘noisome trade’[1] as that term is *821used in G. L. c. Ill, § 143.”2 It further ordered: “Therefore, the Board of Health requires that you submit a site assignment application to the Board prior to constructing or operating the proposed plant. Thereafter, the Board will conduct a public…