Attleboro Sand & Gravel, Attleboro, MA is seeking a ruling in court that would allow it to build an asphalt plant on its 180-acre Tiffany Street property.
But a move to restrict asphalt plants to industrial zones is steamrolling through the city council, and will likely be approved next week.
The proposed ordinance, which is popular among residents and is backed by Mayor Kevin Dumas, city solicitor Robert Mangiaratti, the planning department, as well the council, was voted out of committee Tuesday with no discussion.
Ordinance chairman Jeremy Denlea is pushing the measure along, paving the way for a vote next Tuesday.
Dumas submitted the proposal on April 7, a public hearing was held on May 5 and it appears it will be approved next week, which is a speedy trip for a new law on what is sometimes a long and winding road in council chambers.
The effort to amend city ordinances began after Attleboro Sand & Gravel argued that current rules allow asphalt and concrete plants by right, meaning no special permits are required, in an industrial business park zone where the company is located on Tiffany Street.
City officials believe that industrial business park zones are for less intrusive uses than asphalt and concrete plants are considered to be.
Attleboro Sand & Gravel, which has battled its residential neighbors over truck traffic, noise and safety issues for years, took the matter to Land Court last fall in hopes of getting a ruling to back it’s interpretation of the law.
The court has not issued a ruling in the case.
City officials acknowledged that the ordinances are unclear on the matter, and aim to change that with the new law, which would limit asphalt and concrete plants to industrial zones with a special permit from the zoning board.