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Fined for clearing his land

By Dan O’Brien

The owners of land where Hooksett officials are considering building a new fire station have agreed to pay fines after the state alleged they broke environmental laws.

According to the Attorney General’s Office, the Department of Environmental Services reached a $40,000 agreement with Arleigh Greene, who is part of West River Road LLC, owners of land between Quality Drive and the Merrimack River.

“We are pleased with the settlement agreement, as it demonstrates the state’s continuing commitment to protecting New Hampshire’s rivers and shorelands,” Attorney General Michael Delaney said.

Town officials reached a deal with Greene several years ago that he would donate the land to the town to build a fire station there. The Hooksett Town Council recently authorized the Fire Department to spend money to study where a third fire station could be constructed.

According to Assistant Attorney General Evan Mulholland, Greene’s company cleared brush and cut numerous trees on the land without a proper Alteration of Terrain permit in March 2008.

“We alleged that his contractors went out there and cleared a significant amount of land, over 50,000 square feet, within 250 feet of the reference line,” Mulholland said.

Authorities also say a natural vegetation buffer line between the land and the river was disturbed.

Greene reached an agreement with DES and has already paid $20,000 in fines and has begun restoring part of the land, Mulholland said. The remaining $20,000 will be suspended as long as Greene and West River Road LLC remain in compliance with shoreland protection and water pollution laws for two years.

“This settlement reflects the importance of the state’s environmental laws and acknowledges the vital role that the state’s regulations play in protecting water quality in our lakes and rivers,” DES Commissioner Thomas Burack said.

Mulholland said authorities have investigated Greene before and issued him a letter of deficiency for allegedly not complying with environmental regulations at a Hampton Falls property in 2003.

Greene’s attorney, Bruce Marshall, did not return a call for comment.

Hooksett Town Administrator Carol Granfield and Town Planner Jo Ann Duffy both said they don’t believe the environmental violations would jeopardize the possibility of building a fire station on the land.

According to town documents, West River Road LLC owns a vast stretch of land on both sides of Route 3A near Interstate 93, including the site of a Dunkin’ Donuts that was built in 2006.

Published Wednesday, February 03, 2010 3:43 PM by Hooksett Editor

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Anthony E. Battelle said:

Can you refer me to laws or regulations that govern cutting or otherwise disturbing lands contiguous to rivers, streams, brooks, lakes and ponds in the state and specifically in Henniker? I have tried to find them and been unsuccessful.
February 7, 2010 11:47 AM
 

Jim M said:

So let me get this right .. the guy donates the land for a Fire Station and clears it in advance. It is my understanding that there is some question as to the suitability of the land .. so he was probably clearing it so townies could get a better look. 50,000 sq ft sounds like a lot but that is just over 1 acre .. chump change from a land preservation perspective. I'm not saying he should not get a permit if it is near a body of water and a permit is required. But $40K for not getting a permit to clear a little over an acre of land seems excessive .. especially given his existing decision to donate the land for a fire station. I guess no good deed truly goes unpunished.
February 17, 2010 1:19 PM

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