Planning board raises contamination concerns over proposed logging at Barry Orchard

The Temple Planning Board reviewed an Intent to Cut for the Barry Orchard on North Road and expressed concern about potential soil and groundwater contamination after an abutter provided a well test indicating arsenic “five times higher than the legal limit.” Jamie Jones said title research on the parcel is still in progress and that a surveyor will also be needed to map lot boundaries.

The board, joined in discussion by Mike Madden on behalf of the Conservation Commission, heard a recommendation that no on-site activity occur until soil testing is completed. Mike Madden said the Conservation Commission is worried about contamination and the town’s potential liability if logging disturbs contaminated soils.

Board members discussed a set of questions to send to town counsel, including whether the town can require a bond to cover potential damage, whether logging in wetlands should be prohibited, whether logging could be used as grounds to deny a future subdivision, options under Alteration of Terrain rules, and requirements for soil testing. Planning Board members agreed to prepare questions jointly with the Select Board and to document contamination concerns in a letter to the property owners and the logger; Chair Russ Huntley said he will write the letter.

An abutter, George Russell, described stormwater culverts on North Road that direct runoff from the orchard onto his downhill property and said he plans to conduct soil testing and share results with the town. Kent Perry noted that the town typically increases culvert sizes after logging operations to handle additional runoff. Alec MacMartin warned that disturbing the topsoil can mobilize contaminated sediment, saying a similar development in Londonderry required removal of the top 6–8 inches of soil for remediation; he said the logger must prevent sediment from leaving the property.

The Planning Board and the Select Board will collaborate on a list of questions for town counsel and plan to meet on Friday; Jamie Jones and the Conservation Commission will supply additional questions to the Select Board. No formal motion was made to stop work at the meeting; instead the board directed steps to gather more information and to notify owners and the logger of the board’s contamination concerns.

Next steps: the board will send the letter documenting contamination concerns, coordinate counsel questions with the Select Board, and await soil-testing results provided by abutters or property owners before any final permitting or approval actions are taken.