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Planning Board asks Select Board for expedited legal review after abutters raise logging, runoff and arsenic concerns at Barry Orchard
Summary
Temple Planning Board voted to request an expedited meeting with the Select Board and town counsel after abutters reported what they described as excessive tree cutting, removal of a stone wall and runoff from logging at the Barry Orchard property; residents reported prior water tests showing heightened arsenic levels and the town has contacted state agencies for guidance.
The Temple Planning Board on June 2 voted to ask the Select Board to convene an expedited, collaborative meeting with town counsel after abutters raised concerns about recent logging activity at the Barry Orchard property.
Vice Chair Jim Medeiros moved the board send a letter requesting a joint meeting that would include the Planning Board, Conservation Commission, Road Agent and Health Officer; the motion carried on a roll-call vote with all in favor except Ken Caisse, who abstained. Jim Medeiros said he would follow up with Russ Huntley on the request.
Resident and abutter Jamie Jones told the board—via an email he had circulated—that he was concerned by removal of a stone wall, what he described as "excessive cutting," and the appearance of an additional area that looked like a third landing related to the logging operation. George Russell, an abutter participating by Zoom, said the heirs of the property appear focused on maximizing the inheritance and that five culverts direct orchard runoff onto his property; he conducted soil tests before the logging began and plans to test again after the work is finished.
Resident Boo Martin said runoff from the orchard reaches her property and offered to expand her water testing. Jamie Jones noted Boo’s prior water tests "already show heightened levels of arsenic" and suggested additional testing for lead and efforts to determine the arsenic’s origin; the transcript does not provide numeric arsenic values.
Board members discussed an NHDES document labeled a "Reported Alleged Violation" that was in the meeting packet; the members concluded the letter was not worded as a formal "cease and desist." Ken Caisse said the Select Board has reached out to town counsel for guidance, and Jamie said he has contacted the NH Division of Forests and Lands and expects a ranger visit.
The board asked the Select Board for expedited legal guidance and interagency coordination so that state authorities and town officials can assess whether the logging violated local or state standards and what remedial steps are appropriate. The board’s motion specified the Conservation Commission, Road Agent and Health Officer be included in the meeting.
Next steps: the Planning Board will monitor state responses (NHDES and the NH Division of Forests and Lands) and follow up after the requested joint meeting with the Select Board and town counsel.
