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Selectmen discuss alleged buffer violation by Loudon sand operation; opt for first step of conversation before legal action
Summary
Board reviewed a memo from the fire chief reporting a survey that found a vegetative buffer violation at Lockwood and Winmore and an alleged statutory violation by a local sand operation; members asked staff to seek a voluntary correction first and to involve town counsel only if that outreach fails.
A memo from the fire chief and a recent property-line survey prompted the Board of Selectmen on Dec. 3 to confront a possible land-use violation at the Lockwood and Winmore site.
Chief Blanchett presented the findings (read into the record by the chair), saying the fire chief and a survey confirmed a violation by "Loudouns sand and bridal" that appears to run afoul of state buffer requirements. Meeting discussion referenced a statutory buffer requirement described in the meeting as RSA 155‑E:4‑a (noted during discussion as "1 55 e colon 4 dash a"). Board members and staff described two different buffer figures in play: the state statute's 50‑foot vegetative buffer and a 60‑foot buffer previously referenced in the town zoning ordinance.
Selectmembers debated next steps: several favored first approaching the property owner directly with a request to restore the vegetative buffer, to avoid immediate legal action and associated attorney costs. One member said, "Let's see what they say, and then we know where to go." Another cautioned that if voluntary compliance is not achieved, the town should engage its attorney to make sure any action complies with law and does not expose the town to litigation.
Board members noted the practical limits of remediation — that vegetation will take years to re-establish — but emphasized that restoring the required buffer should be pursued. The board discussed whether a formal letter from counsel, setting out the violations and required corrective action, would be appropriate; members agreed to try owner outreach first and use legal counsel if that step fails.
No formal enforcement action or vote was taken at the meeting; the board's recorded direction was to have a selectmember or staff person speak with the owner and report back, preserving the option to involve the town attorney.
The town will need to confirm the precise statutory citation and buffer measurements during follow-up and may later seek counsel guidance if the owner declines to remediate.
