Westport candidate says legal battle with Dartmouth over land use inspired run for office

WESTPORT - A Planning Board candidate running for a five-year seat has been involved in an ongoing land use battle with Dartmouth since 2014.

The issue, he says, is one reason why he has decided to run for office.

Manny Soares, a civil construction contractor based in Dartmouth for 30 years, is running in next Tuesday's Annual Town Election against David Cole.

Soares, of Gifford Road, noted how his land issues with Dartmouth are an example of how "Dartmouth treats hard working families, farmers and businesses."

He notes that his six-year old land battle with Dartmouth speaks to the reasons why he decided to run for a Westport Planning Board seat. His issues, as well as a group of farmers’ successful rally this year to strengthen Westport’s Right to farm bylaw, inspired Soares to run in Tuesday's election, he says.

Soares told the Herald News that his issues on State Road culminated in cease and desist orders, his arrest, court injunctions and a contempt of court charge.

According to Soares, the land issues are still not resolved, preventing his plans to sell the property and move on.

Interviewed at the site Wednesday, Soares stated he bought the property from the town at public auction in 2006. He mentioned that the site was a former gravel pit that had been excavated to within 6 inches of the water table and had never been restored as required. Soares said he worked to remediate the site to today’s standards, filling the former gravel pit with processed gravel.

Soares said he was using the site as a contractor's yard to store equipment, process and stockpile materials.

Dartmouth town counsel Anthony Savastano and the Dartmouth select board office declined comment, citing that these issues are still in court.

According to Standard Times reports from 2015, the property involved three parcels. The parcel closest to State Road is owned by Mary Robinson who, through a similar legal battle with Dartmouth, was at odds over a $16.5 million three year plan proposed by Boston Enviromental Corp. and Robinson to cap and line a nearby landfill.

Soares has long maintained that stockpiling and processing materials are pre-existing, non-conforming uses at the State Road location.

Still, Dartmouth filed a cease and desist along with daily fines. Soares appealed those fines to district court, he says.

Soares hired a local engineer to conduct a historical survey of the property dating back to the late 1800’s.

The engineer's evidence revealed that processing and stockpiling, along with quarrying activities, existed at the site without interruption until present day, proving grandfathered rights, Soares said.

The Dartmouth ZBA rejected the report and denied that there was a preexisting non conforming use, Soares said.

In 2015, Savastano alleged that none of the owners of those State Road parcels had the permits to process, recycle or dispose ABC materials ( asphalt,brick,and concrete ,which is classified as solid waste) that were being brought into the property and processed there.

Superior Court Judge Richard T. Moses upheld the Dartmouth's cease and desist order in December 2014, ruling all the parties are restrained and enjoined from conducting any soil, earth, or gravel removal operations from the premises and from importing and stockpiling and/or processing any ABC materials at the premises pending further order of the court, according to a Standard-Times report.

Noting the financial burden and hardship of continuing his appeal, Soares in 2015 decided to abandon the ZBA appeal. He then entered into a agreement with the town to process the remaining ABC material and remove it, and determine a future use for the site.

Soares also entered into an administrative consent order with the state Department of Environmental Protection to process and remove all ABC material in accordance with state DEP regulations. Soares has since processed and removed all ABC materials, he added.

Since his major issues in 2015, Soares hired a local engineer to design a farm plan for the site, registered the site with the state as a farm and filed a business certificate with the town DBA Well Road Farm, he says.

The Dartmouth Board of Health rejected this plan and continues to prevent any use of the land and will not release Soares' land so it can be sold, he says

Since January, Soares has been working on plans to sell the land to a new buyer and move on. Soares even has a prospective buyer.

Soares noted that the COVID-19 outbreak has also stalled those plans, as well as the pending agreement.