The Massachusetts Land Court issued its decision regarding a Scrap Metal facility at Brayton Point in Somerset on 7 March 2022 

 

 

 

V. Remedy

As discussed above, decisions 26 and 29, ordering Brayton Point to cease and desist
operations, and decisions 7-9, reversing the commissioner’s decision and reinstating his cease
and desist order, will be affirmed. The ZBA has filed both its 533 counterclaim and 155
counterclaim, in which it seeks a permanent injunction requiring Brayton Point to fully comply
with decisions 26 and 29, decisions 7-9, the cease and desist order, and the bylaw.

 Based on the
findings of fact and conclusions of law above, judgment shall enter on both the 533 counterclaim
and the 155 counterclaim ordering Brayton Point to cease and desist from the scrap metal
operation within fourteen days, and to fully comply with decisions 26 and 29, decisions 7-9, the
cease and desist order, and the bylaw. Brayton Point will be specifically enjoined from allowing
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the operation of the scrap metal operation until it demonstrates to the ZBA that it can operate
consistent with the 2019 decision and the bylaw.

Conclusion

For the foregoing reasons, the ZBA’s decisions 26, 29, and decisions 7-9 are
AFFIRMED. Brayton Point is ORDERED to fully comply with decision 26, decision 29,
decision 7, decision 8, decision 9, the cease and desist order, and the bylaw. Until further order
of the court, Brayton Point, LLC, its agents, servants, guests, and invitees, and all persons
operating under its authority, are hereby further ORDERED to cease the operation of its scrap
metal operation within fourteen (14) days from the date of judgment. Brayton Point, LLC and
their agents, servants, guests, and invitees are only to resume operations after approval by the
ZBA.