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A. Duie Pyle anti-noise order going to trial; Trucking company informs selectmen it plans to move.


Byline: John Dignam

WEBSTER Webster, town (1990 pop. 16,196), Worcester co., S Mass., near the Conn. line; settled c.1713, set off from Dudley and Oxford and inc. 1832. The chief manufactures are footwear, fabrics, and textiles.  - A. Duie Pyle Inc., which has said it intends to move its trucking business to Northboro, is scheduled to have a trial in May in Massachusetts Land Court on whether it must restrict its operations at Goya Industrial Park.

On Wednesday, Judge Keith C. Long scheduled the trial for May 28-30. According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 court information, the two parties agreed to complete requests for documents by Feb. 27 and depositions by April 30, with a pretrial conference A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings.

A pretrial conference is a meeting of the parties to a case conducted prior to trial.
 May 16.

Peter A. Latta, chairman of A. Duie Pyle, has said the company would move its Webster operations to Northboro, and he notified the Board of Selectmen SELECTMEN. The name of certain officers in several of the United States, who are invested by the statutes of the several states with various powers.  by letter Nov. 19 of the expected move.

"Plans range from continuing to own this site and leasing to an unrelated user, selling the property to a like-kind user, or placing another related Pyle operation in this facility," Mr. Latta wrote.

He said the company's 200 full-time employees here have been asked to move, and he expected the majority would follow the operation.

The trucking, warehousing and distribution company is headquartered in Pennsylvania and serves the East Coast and Canada. It has 12 service centers such as the one here that receive merchandise overnight and distribute it the next day.

According to the 1998 tax increment financing Tax Increment Financing, or TIF, is a tool which has been used for redevelopment and community improvement projects throughout the United States for more than half a century.  agreement with the town, A. Duie Pyle must give the town six months' notice of sale or transfer of the property. The agreement gives the company decreasing tax savings over a 12-year period.

Zoning Enforcement Officer Edwin J. Kus ordered the trucking company last May to stop loading and unloading Unloading

Selling securities or commodities whose prices are dropping to minimize loss.
 from 9 p.m. to 6 a.m. because the nighttime noise violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 town bylaws The rules and regulations enacted by an association or a corporation to provide a framework for its operation and management.

Bylaws may specify the qualifications, rights, and liabilities of membership, and the powers, duties, and grounds for the dissolution of an
, disturbing residents in that area. The Zoning Board of Appeals upheld that order.

The company says it operates legally in an industrial zone and its overnight delivery service requires working through the night.

In a Nov. 13 order stopping the town from enforcing its order, Judge Long said the order could put the company out of business; however, the neighbors also would be harmed if the town's order was not enforced.

"Nighttime noise, and the sleep interruption INTERRUPTION. The effect of some act or circumstance which stops the course of a prescription or act of limitation's.
     2. Interruption of the use of a thing is natural or civil.
 it can cause, is not pleasant. Noises at 3 a.m. are not pleasant at all," Judge Long said. While noise studies paid for by the neighbors show the company's noise levels high for residential areas, he said, no studies have shown how the noise compares with similar companies in industrial zones.

Judge Long said he would schedule an early trial because of the problems the issue causes.

A. Duie Pyle built its trucking distribution center at Goya Industrial Park off Cudworth Road in 1998, providing overnight delivery service. The area, once residential, was rezoned industrial in the late 1960s, with residences allowed in the zone. Since 2000, neighbors have argued the noise at the trucking company is excessive, goes on throughout the night, and negatively affects their quality of life. They have asked the town to regulate the overnight noise.
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Title Annotation:LOCAL NEWS
Publication:Telegram & Gazette (Worcester, MA)
Date:Nov 30, 2007
Words:498
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