A judge has overturned a decision of the Planning and Zoning Commission that allowed residential land in the Wedge Hill Road area to be rezoned as commercial.
A company called Salton Enterprises, Inc. had conceptual plans to construct four medical buildings on land stretching from Route 67 up to Wedge Hill Road.
Three of the buildings were to be built in a commercial zone on Route 67.
Thanks to the zone change, a fourth medical building could have been proposed in the former residential zone near Wedge Hill Road. Salton Enterprises was also planning to donate land along Wedge Hill Road for a new town library.
The portion of the land near Wedge Hill Road was changed from residential to commercial at a Planning and Zoning meeting on Jan. 21, 2010. The court ruling overrules that zone change, leaving the land residential.
Many neighbors opposed the Wedge Hill Road zone change, saying the Planning and Zoning Commission was allowing commercial interests to encroach on a residential neighborhood.
Wedge Hill Drive resident Daniel Wall sued the town’s Planning and Zoning Commission, along with property owner Belmar Farms, LLC, and Salton Enterprises.
“I feel fantastic,” Wall said. “Who the hell wants heavy duty construction equipment in their backyard for a year or more?”
Judge Joseph Doherty’s Oct. 5 decision nullifies the zone switch in the Wedge Hill Road area, where the library and a medical building were supposed to go.
The town is now considering building a new library on town-owned land on Great Oak Road across from Great Oak Middle School.
Judge Doherty’s decision does not prohibit the commercial development of medical buildings along the Route 67 side of the property.
Judge Doherty ruled that Oxford’s zone change was invalid because the notice of the public hearing on the matter was made nine days in advance of the public hearing — not the required ten.
A public hearing is a type of municipal meeting where residents can give their input on a given proposal.
According to Judge Doherty’s decision, the town’s Planning and Zoning Commission did not dispute that the public notice was “defective.” The town wanted the court to allow another public hearing on the zone change.
The judge would not allow it.
It is unclear Friday evening whether Salton Enterprises still wants to develop the Route 67 portion.
Wall was represented by attorney Gregory J. Cava of Roxbury.
Town Attorney Francis Teodosio represented the Planning and Zoning Commission. He simply said the case is over.
A telephone call seeking comment was left with Dominick Thomas, attorney for Salton Enterprises.