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Brookfield Planning Board refers gravel-pit grandfathering questions to town attorney
Summary
After reviewing 1977 and 1991 filings for the Moose Mountain gravel pits and citing RSA 155-E limits, the Planning Board agreed to send the historical documents and specific legal questions to its attorney and to notify pit operators to submit reclamation and excavation plans.
The Brookfield Planning Board on May 11 referred historical filings for the Moose Mountain gravel pits to Attorney Laura Spector Morgan for a formal opinion on whether the pits retain grandfathered status and when new permitting is required.
Board members reviewed a 1991 filing that lists excavation starting in “1948 by Ray and Ada Nason” and a 1977 permit application. Members noted current operations and proposed phasing appear to expand toward roughly 20 acres, while RSA 155-E limits new excavation to five acres at any one time and requires reclamation before opening new areas or within 12 months of nonuse. The board identified operational standards (setbacks, hours, 50-foot setbacks from abutters, 150-foot from dwellings) as non-waivable and raised noise complaints about 7 a.m. starts and Saturday operations.
The board reached consensus to forward the 1991 documents and specific questions on grandfathering validity and expansion triggers to Attorney Spector Morgan and agreed to send a follow-up letter to the operators outlining required operational standards and inviting them to present reclamation/excavation plans at a future meeting. Marshal Goldberg volunteered, with Stephen Berry assisting, to draft the letter and to review Brookfield’s obsolete 1991 excavation regulations for possible updates.
The board also directed that an improved annual inspection form be developed; members said the current inspection form is vague and should be updated before enforcement relies upon it.
