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South Berwick council approves consent agreement with Hussey property owner after contested public hearing
Summary
After a public hearing with several neighbors raising shoreland‑buffer and noise concerns, the South Berwick Town Council voted 5-0 to approve a consent agreement with property owner Brian Hussey. The agreement requires remediation including a planting plan, a berm and reimbursement of town legal fees.
The South Berwick Town Council voted unanimously Nov. 25 to approve a consent agreement resolving complaints about tree cutting and other site work at a property operated by Brian Hussey, who runs Hussey Landscaping and Hussey Excavation.
Attorney Tim Phoenix, representing the owner, told the council the family bought the site in 2018 and that the business operates as a permitted nonconforming use. Phoenix said the cutting that prompted a town notice of violation was performed by a hired forester who believed a permit was in place and that the settlement avoids protracted litigation.
"We are here tonight, requesting that this board approve a settlement agreement between the town and [the owner], with respect to certain activities, primarily identified loosely as tree cutting," Phoenix said. He described terms that include hiring — at the owner's expense — an engineer or arborist to produce a…
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