Massachusetts Appeals Court December 20, 2002, No. 01-P-187 (Leominster Materials Corp. v. Town of Lancaster)

Doerfer, J.

Leominster Materials Corporation (LMC) proposed to build a bituminous concrete (asphalt) plant and stone crushing facility on the land it leased in the town of Lancaster (town). The board of health of the town (board), by a letter to LMC dated July 10, 1997, determined that the activity proposed by LMC “may be a ‘noisome trade’[1] as that term is *821used in G. L. c. Ill, § 143.