The Temple Select Board signed a settlement agreement Tuesday between the town and the owners of a large collection of antique construction equipment that neighbors have complained constitutes a junkyard, but made it conditional on the outcome of a court decision in May.
According to the settlement, the owners of 32 West Road, John Jackson-Marsh and Alan Marsh, can use a designated 4-acre portion of their 39-acre property as a “collection area.” While members of the Select Board have said they are not pleased with the final agreement, under the advice of their current counsel, they have few options for further negotiation, Chair Bill Ezell said.
The counsel for the Marshes has filed a motion to compel with the Nashua Superior Court, requesting that the court require the town to sign the settlement agreement, despite current misgivings.
The town’s attorney, Laura Spector-Morgan, has advised the Select Board that it is “extremely unlikely” the court would side with the town on the motion to compel, and advised the board that delaying signing the agreement could lead to the town being liable for court costs.
Provisions of the settlement
The town and the Marshes have been at odds over the over the growing collection of vehicles and trailers on the property for years, including current litigation, orders to cease and desist and two attempts by the Marshes to seek a variance to allow a junkyard on the property.
After mediation, the town’s lawyer at the time filed with the court that a resolution had been reached, but Select Board members held off on signing the agreement until Tuesday due to concerns from residents.
As part of the settlement, the collection will stay in its approximate location, behind the house and barn, on the opposite side of the house from the roadway. It shall not be visible from the road and must be screened from abutters’ properties with natural materials such as evergreen trees.
The equipment must be maintained in accordance with the best management practices for groundwater protection, as outlined by the state Department of Environmental Services, and the Marshes must hire a licensed hydrogeologist to review their collection and make suggested plans for the storage of equipment, how to avoid any spills of contaminants, what measures are to be taken in the event of a spill and the best location to avoid any impact on groundwater sources.
The review will include a test that the groundwater around the equipment hasn’t been contaminated or polluted by the storage of the equipment. Twice a year, the Marshes must submit a water quality test to ensure that the surrounding groundwater remains free of contamination, and the town can inspect the property once a year to ensure the provisions of the agreement are being followed.
If the provisions of the agreement are not met, the town must notify the Marshes in writing, and they will have 10 days to correct the issue. If the issue is not resolved, the town can bring a contempt action and impose fines of $550 per day.
Residents disagree with deal
The board took nearly an hour of feedback from residents, including neighbors who have regularly voiced disagreements with the settlement since first learning of it.
Abutter John Kieley said the Zoning Board had already denied a request by the Marshes to operate a junkyard, and said the settlement was overriding the town’s zoning ordinance and the Zoning Board.
“This will create an out-of-control, unregulated junkyard,” Kieley said. “There’s a court process for taking care of this.”
Kieley also protested that there weren’t more protections allowing the town to inspect for leaks or contamination, that there wasn’t a bond in place for a major contamination issue and that there weren’t enough “teeth” in the agreement to compel compliance.
Resident Christine Robidoux agreed with Kieley that the settlement was overstepping an issue already settled by the Zoning Board, although Ezell said it was an enforcement issue, which lay in the realm of the Select Board.
Resident Gail Cromwell said the property was right on the edge of the town’s historic district.
“This will be a permanent blight on the Town of Temple, and you are going to be responsible,” Cromwell said.
A motion to intervene
Abutters to the property have filed a motion in Nashua Superior Court requesting to be interveners in the case. An intervener is a party to a case that wants to ensure their own rights and interests are protected.
The court is set to hear the motion to intervene on May 19, and several members of the audience requested the board wait at least until the May 19 hearing to sign the settlement.
Following a short recess to confer with Spector-Morgan, the Select Board voted unanimously to sign the agreement, but made it conditional on the court denying intervener status to the abutters. Should the court agree to the abutters’ motion to intervene, the signing would be void.
Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.