S.D. Ireland is officially appealing Milton’s Development Review Board approval of its community fill site, court documents show.

Filed with the Vermont Superior Court – Environmental Division on August 16, the letter from CEO Scott Ireland serves as an official appeal of the July 27 decision, which approved the fill facility at Ted Beaudoin’s farm at 262 Middle Rd.

The letter doesn’t state why Ireland would appeal the town’s approval of the project.

“It is unusual, but sometimes these decisions have a lot of conditions,” town planning director Victor Sinadinoski said. “While it was permitted, they didn’t agree with all the conditions of their permit.”

Neither Ireland nor Patrick O’Brien, the concrete giant’s general manager of construction and development, responded to repeated attempts for comment by presstime Tuesday. But O’Brien voiced several qualms with the town’s decision at an Aug. 15 Act 250 hearing.

At the hearing at the District 4 offices in Essex, O’Brien voiced his desire to run the operation on Saturdays –which is restricted under the DRB decision –, increasing the truck volume from the proposed 10 truck-trips per hour to 12 trips per hour and allowing the company to use concrete as fill material. These may be items of the decision the company looks to appeal, Sinadinoski said.

Beaudoin, a co-applicant on the project, said last week he has not heard from S.D. Ireland about why it is appealing or what elements the company will challenge.

“I have some questions myself,” he said.

Beaudoin disagreed with the town’s requirement to plant mature evergreens along the roadside to shield the property from view.  He fears they will require him to remove the grapevines and blueberry bushes he planted at the edge of his

“It just doesn’t make sense,” he said. “You’re going to put a short strip of evergreens on that land. In order to hide it from view, you’d have to put 30-foot high plants, trees. The logic is not there, and this is farmland anyway.”

Ted Beaudoin

According to Beaudoin, most folks he’s spoken with have told him the “site looks much better now” than before it was filled and seeded.

At the Act 250 hearing, some questioned how Beaudoin could continue operating the site without first receiving the state approval. The DRB permit says Beaudoin must adhere to state permitting requirements.

Currently, the site operates under the categorical disposal facility permit it has held since the 1990s. It is regulated by the state’s solid waste management program that monitors what the permit holder disposes on the land and the quantity of the fill material delivered to the site.

At the meeting,  Act 250 District 4 coordinator Rachel Lomonaco asked O’Brien if he planned to continue operating in Milton under its current categorical disposal facility permit while the commission reviews his Act 250 application. O’Brien said he will.

In a phone conversation with the Indy, Lomonaco said she could not comment on an open case and thus could not say if the Act 250 Commission intends to stop operations while the case is ongoing.

For now, the large yellow trucks, bedecked with shamrocks, continue to roll on through the town headed to a hill under the mountains where a farmer lets them fill in the land.