Construction at Merrimack Premium Outlets, ongoing since September, will continue well into 2011 after a lawsuit seeking to stop rock blasting was dismissed last month.
The suit, filed in November by Merrimack  resident Michael Mills, claims that the developer, Premium Outlets,  failed to adhere to the water testing conditions required under the  project’s development agreement.
A superior court judge denied the initial  motion in November, saying that as an individual, Mills can’t enforce  the town’s contract. And last month, a court clerk finalized the matter,  dismissing Mills’ motion for reconsideration.
The controversial 130-store outlet mall has been under construction since September.
“The petitioner does not have any legal  rights under the agreement between the Town of Merrimack and (Merrimack  Premium Outlets),” judge Jacalyn Colburn, of Hillsborough County  Superior Court, wrote in her initial decision. “(He) does not have any  cognizable claim against (the developer) to enforce the conditions  contained in the … plan.”
Mills, who lives within 500 feet of the  construction site, near Exit 10 off the F.E. Everett Turnpike, first  brought his concerns to town officials last summer, alleging the  developer and its consultants had strayed from the timing, schedule and  placements of the water tests outlined in the operations and maintenance  plan. 
The company’s lapses have left the town without legal recourse should the project affect the area’s water supply, Mills warned.
Town officials and consultant groups  acknowledged the deviations from the testing conditions. But they  declined to take action, saying the lapses didn’t substantially affect  the testing results.
“I went to the Planning Board. I got no  response there,” Mills said. “I went to the Town Council, I got no  response there. … No one wants to hear about it.
Now, with the court having dismissed his  case, Mills plans to take his concerns back to the town, filing a  complaint with the Zoning Board of Adjustment in hopes it will take up  the issue.
Town officials didn’t return calls for comment Monday.
“These issues are still just as important”  as they were last summer, Mills said Monday. “They will be critical to  the town the day there’s a water problem. But, there will be no way then  to show whether this problem existed when they started.”
With the court matter decided,  construction crews are continuing work. After clearing the land and  doing some staging work, crews from Maine Blasting and Drilling, the  project contractor, started blasting in November.
They’ve been forced to stop twice since,  held up by sound and vibration violations. But the necessary blasting  permits were restored last month and the crews have continued blasting  three or four days each week.
The first phase of the $100 million  project, including 100 stores to be constructed over 392,000 square  feet, is likely to open in 2012, developers have said.
“We are pleased the court dismissed the  initial claim,” Michele Rothstein, vice president of marketing for  Premium Outlets, said in a written statement. “We are now looking  forward to bringing great outlet shopping to the area.” 

No comments:
Post a Comment