South Berwick council approves consent agreement with Hussey property owner after contested public hearing

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 vegetation and planting schedule for staff review, installation of a roughly 100‑foot berm about 5–6 feet high to improve sound attenuation for nearby houses, and payment to the town to cover incurred legal fees.

Neighbors who spoke during the public comment period described a range of impacts. Jerry Tatlock, who lives at 14 Roberts Road, told councilors the property had seen "constant dump truck traffic, banging tailgates, backhoes, loaders, bulldozers," and said "all the ground cover has been removed" in parts of the 250‑foot shoreland zone, raising concerns about sedimentation and runoff into the brook. Rebecca, a nearby resident, said the activity caused vibration at her home: "My computer screen's always shaking. My desk is vibrating," she said, asking whether neighbors would see the vegetation plan before it is finalized.

Ashley Bjornson, a resident of Sanibel Way, noted that the owner agreed to reimburse the town's legal costs "just shy of $16,000" and urged the council to approve the agreement to avoid ongoing expense and uncertainty. Other neighbors offered mixed testimony; some said they had not noticed appreciable dust or noise and expressed support for the Hussey family.

Council discussion focused on scope and process. Councilors and staff emphasized that the consent agreement does not grant a variance from town ordinances — the property remains subject to shoreland and other local rules — and that refusal to approve would likely prolong appeals and potential litigation. With a motion and second on the table, the council voted 5-0 to sign the consent agreement with the owner (referred to in the record as "Bath and Associates" in motion language), concluding the matter for now.

The agreement calls for: an owner‑paid arborist or engineer to prepare a planting plan subject to staff review; a planting schedule likely to be implemented next planting season; construction of the berm and substantial plantings to provide screening and noise attenuation; limits on hours of landscape operations; and reimbursement of certain town legal fees. If the plan requires further town approvals, those processes remain available to neighbors and the town.

The council did not adopt additional planning‑board review or a new major site plan as part of the approval; several residents urged a separate planning review to address wetlands or larger site‑plan questions. Council members said the consent agreement was negotiated over months and was intended to provide remediation without further cost to the town.

The meeting item concluded with the council's unanimous vote to accept the settlement; the agreement will be implemented through the town staff review steps and the timeline described in the document.