Robert Blechl Staff Writer
Following an appeal by abutters in 2023, a superior court judge this week reversed the Littleton Planning Board’s approval for a gravel pit near the Bethlehem town line.
In his order issued on Wednesday, Judge Michael Klass, of Hillsborough Superior Court, where land use cases across the state are now heard, concluded that Littleton planners failed to follow the statutory requirements under RSA 155-E, the statute that governs earth excavations, in granting an excavation permit for Chris Crowe, who operates a 2.2-acre pit on his property off Alder Brook Road.
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Littleton planners approved their permit in May 2023, following an earlier public hearing during which they found Crowe’s application was incomplete.
The action seeking to appeal was filed by Bethlehem residents John and Mary Polaski, the closest abutters, who expressed concerns about emissions, noise, and adverse impacts on natural resources, as well as quality of life impacts from excavation operations.
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In his order, Klass said that although the board and Crowe claimed that Crowe’s engineer had talked extensively about the reclamation plan at the 2023 hearing, the record only reflects the engineer stating the plan for a proposed 3:1 final grade.
“Such plan does not talk about the effects of the proposed excavation on any of the listed elements in RSA 155-E:3, VI, nor does it offer a timetable for the proposed reclamation of any fully depleted area,” said Klass. “Therefore, the reclamation plan fails to satisfy the minimum statutory requirements of RSA 155-E:3, VI.”
The New Hampshire statute on excavations requires that an excavator file a reclamation bond sufficient to secure the reclamation of the area to be excavated as required by the local regulator, but without a sufficient reclamation plan, the local regulator is incapable of determining the necessary bond, he said.
“Indeed, without knowing the effects that the excavation will have on the area, a sufficient estimate on the costs required for reclamation cannot be ascertained,” said Klass. “Thus, allowing a plan to skirt the statutory requirements would deprive municipalities of the ability to accurately determine bond requirements and obviate the legislature’s intent.”
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The town has ten days to file a motion asking the judge to reconsider his decision.
The Polaskis in 2023 also appealed the Littleton Zoning Board of Adjustment’s approval of a special exception for the gravel pit, the earthen materials from which Crowe told zoners and planners he will use for his other businesses and not for commercial sale.
The pit is expected to be active for 5 to 10 years and generate 50 to 100 truckloads annually.
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