The Temple Select Board held off on signing a settlement between the town and property owners John Jackson-Marsh and Alan Marsh for another week, after lawyers on both sides failed to come to a conclusion at a special board meeting on Wednesday.
The town is currently in litigation with the Marshes, whose property has a collection of historical construction equipment. The two sides have been at odds over the growing collection of vehicles and trailers for years, which have included orders to cease and desist and two attempts by the Marshes to seek a variance to allow a junkyard on the property.
The town has looked to settle he issue out of court, and had previously drafted a settlement. Abutters to the property, however, raised several issues with the proposal. Select Board members, who were initially prepared to sign the agreement, agreed to rescind that vote and explore other options. However, although the agreement was never signed, counsel for the Marshes has filed a motion with the court to compel the completion of the agreement.
Lawyers for both sides met Wednesday, when the Select Board originally expected to have a resolution. However, nearly an hour after the start of the meeting, the lawyers, who had been meeting in a closed session, advised the town to table the decision for another week and pick it up again at their next scheduled meeting on April 26.
While Temple Select Board Chair Bill Ezell initially advised the residents who were present that this was not a public hearing, he did allow some abutters and concerned citizens to speak. Abutter John Kieley outlined some of the issues the neighbors had with the agreement, including provisions for soil, runoff and water testing, a bond to ensure proper cleanup if there is contamination and allowing additional growth of the collection.
Kieley said there were “a lot of red flags raised” in the agreement.
Christine Robidoux, the chair of the Temple Planning Board, pointed out the Marshes had applied through the proper channels to get a variance for a junkyard and had been denied.
“If you agree to this, what kind of message do you send, that you can get around our zoning?” Robidoux asked.
Ezell said no individual decision of the board set a legal precedent.
Conservation Commission Chair Scott Hecker said he had concerns about the equipment on the property having an impact on the town’s water quality. The property, he said, is located upslope from other properties which are over a town aquifer. Runoff from the Marshes property could have an impact on the aquifer or surrounding shallow wells that draw from it, he said.
Ashley Saari can be reached at 603-924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.