Selectmen’s Meeting
March 27, 2025
Present: Richard Dufrense, Jonathan Shomody, Chet Bowles, Jason Reimers – Attorney
Harris Construction: Courtney Herz, Lynn Preston; Attorneys, Steve Boucher – Owner
Call to order by Richard Dufrense at 7:00 pm
Dufrense opened the meeting, made introductions and explained that the purpose of the meeting is to present the point of view of Harris Construction and the Select Board regarding the excavation activities of Harris Construction. Dufresne gave context on how the Select Board received complaints about noise, researched, looked at aerial photos, determined that no permits had been issued by the Town and then issued a cease and desist order to Harris Construction. Harris Construction sent an appeal of an administrative decision to the ZBA. Currently the appeal is on hold while there is a discussion about the issues.
Ms. Hertz thanked the Board for holding this meeting. Herz then explained that their view of RSA 155-E applies to Harris Construction having an exemption from town zoning and Planning Board regulations. RSA 155-E exempts stationary plants in operation as of August 24, 1979, and the contiguous property if it was being excavated as of August 4, 1989. Herz acknowledged that RSA 155-E is a complicated statute , but the courts have made decisions about land that is contiguous to stationary plants. Ms. Preston thought that the Board should ask questions based on their documents. Documents included a land lease with gravel rights from 1972, a 1977 plan shows the operations at that time, there was a 5 year extension on the land lease that covered 1977 through 1982.
Shomody asked about the lease agreement expiration in 1982 and asked what excavation was occurring in the Town of Sharon in August 1989. Shomody believes that Harris Construction needs to show that excavation was occurring on this property in 1989.
Herz believes that Harris Construction needs to show that the plant was in operation in 1979. She then cited the definition of “excavation site” in RSA 155-E and stated that the parcel in question, which is in both Sharon and Peterborough is contiguous to the parcel that the stationary plant is on.
Dufresne asked about “common ownership”. Herz stated that the portion of RSA 155-E that they are looking at states that the stationary plant was operating in 1979 and bordered with another property “common ownership” does not apply.
Bowles asked what approvals from the State of NH have been received for excavation in Sharon. Preston stated that they are in the process of getting an alteration of terrain permit.
Shomody asked about how much excavation has been occurring on the property since 1982. Preston stated that there is no requirement that there is a continuous pull of gravel from the parcel.
Bowles asked about the amount of acreage or volume of gravel that has been excavated in the last 5 years. He also asked about the payment of the excavation taxes to the Town of Peterborough. Boucher acknowledged that they have probably excavated on the Sharon portion of the lot within the past 2 years. Bowles said that he would not be able to sign the intent to excavate for 2025-2026 until the alteration of terrain permit has been approved by the DES, and the question about the amount of material removed from the Sharon portion of this parcel has been resolved. Bowles also felt that the Dept of Revenue should be involved.
The Select Board asked Boucher various questions about environmental issues and stated they would like to do a site visit.
Dufresne asked why Harris Construction is claiming exempt status from town regulations under RSA 155-E instead of working with the Zoning Board and Planning Board. Herz stated that the legislature has shown where RSA 155-E applies. Bowles asked why they feel they need to use an exemption rather than work with the town. Herz said that any citizen or business can decide to allow the town to regulate them, but the statute allows this exemption from town regulations.
Mr. Reimers said that the differences he is hearing is in the definition of an “excavation site”.
Dufresne said that the Board will review the information and give Harris Construction a response within 7 days. Reviewed RSA 72-B:7 on the reasons why an intent to excavate can be denied and RSA 72-B:5 regarding bonding. Bonding needs to be discussed.
Bowles spoke about the appeal of the administrative decision, the cease and desist has not been rescinded. Harris has agreed to postpone the appeal until the response from this meeting has been reviewed.
Motion to adjourn – Bowles/Shomody
Meeting adjourned at 8:17 pm.
Minutes taken by Debra Harling. Approved on 04/01/2025.