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Resident and board debate gravel-pit inspections and whether pre-1978 pits require reclamation plans
Summary
A resident urged the planning board to clarify its gravel-pit inspection process and the treatment of reclamation plans for pits established before 1978; the board agreed to consult counsel and to add clarifying notes on inspection forms.
During public comment at the Jan. 13 meeting, a resident asked the board to clarify earlier changes to gravel-pit inspection procedures and to record any legal interpretations about reclamation-plan requirements for pits opened before 1978.
The resident said she had previously asked the former chairman to consult legal counsel and recommended the board add counsel's written interpretation to the inspection report so that members and the public have a clear answer when pits are marked "grandfathered" on the form. "If you're gonna not check the box, then somebody will go, why is this not checked? You could have a little you need to say, you know, it's grandfather for RSA, RSA 55 e 7 according to legal counsel," the resident said.
Board members agreed to ask Town Counsel Laura Specter to confirm whether pre-1978 pits require reclamation plans, and to return a written opinion the board can rely on and place in the inspection record. Members also discussed seasonal inspection practicalities such as snow cover and volunteer availability for field visits.
The board said it will continue to use Appendix Y on the inspection checklist and that only the notification letter to pit owners had been changed. The board asked staff to add the counsel's written interpretation to inspection materials and to post the clarified process so the public can see why a reclamation plan might not be required for pre-1978 pits if that is the legal interpretation.
No change to the underlying inspection standard was adopted Jan. 13; the board instead recorded a direction to secure counsel's written guidance and to add explanatory language to the public inspection form.
