PEABODY — Neighbors of the former Rousselot Peabody Inc. site on Washington Street have come to an agreement with the gelatin company in a class-action lawsuit over noxious odors they said have permeated the area for years.
Rousselot is expected to pay nearly $3.1 million in the matter after a preliminary settlement was ordered by a Suffolk Superior Court judge last week.
Although Rousselot didn’t object to the amount, it claims no liability as part of the agreement and is settling now “to eliminate the time, expense and uncertainties of continuing to litigate,” according to court records.
The company also agreed to not use the 227 Washington St. facility to manufacture gelatin “now or in the future.”
The plant shut down on Dec. 31 as part of its parent company’s plan to consolidate manufacturing locations. It produced pharmaceutical-grade gelatin used by different industries.
The class-action complaint was filed in December 2019 by Michael Baranofsky, of 32 Lynn St., Kimberley Gale, of the same address, and Lawrence Essember, of 8 James St., on behalf of the neighborhood. They are being represented by Lynnfield attorney William P. Doyle III.
They claimed noxious odors emitted by the plant traveled onto their properties for years and made them unable to fully enjoy their homes, especially in the warmer months.
One resident who was cited in the suit said the odor “stinks like decaying flesh.” Residents couldn’t use their outdoor spaces because of the smell, had to keep windows shut and could still at times smell the odor inside, they said in the suit.
Both renters and homeowners who have lived within a half-mile of the plant at some point since Jan. 2, 2017, are eligible to join the class and receive part of the settlement, barring that no complaints are filed at a final settlement hearing in Suffolk Superior Court on Sept. 17, court filings indicate.
The settlement could affect more than 3,000 households in the area, the preliminary agreement said.
Such households will be mailed claim forms to join the class and potentially receive part of the settlement. A class notice will also be published in The Salem News and a class settlement website will be created by the class’ attorney.
It’s still unclear what will happen with the now-empty site at 227 Washington St. or other parcels still owned by Rousselot in the city. In all, the company owned 300 acres in Peabody while in operation.
Last year, the city bought 135 of the acres off Granite Street for $9 million. The city plans to preserve the land as open space.
Contact Caroline Enos at CEnos@northofboston.com.