Town of Uxbridge EX REL. Girouard v. Vecchione

Fecteau, Francis R., J.

This is an action brought by the Town of Uxbridge, under the provisions of G.L.c. 40, §21, cl.(17), and c. 40A, §7, that seeks to enforce provisions in its general and zoning by-laws with respect to the excavation and removal of earth materials, such as topsoil and loam; in particular, enforcement is sought for a provision in its general by-laws that excavation be conducted only after an earth removal permit is sought and granted, as well as a prohibition in its zoning by-law against the taking of earth that had been excavated outside the town. Moreover, the town…