The Weare town planner said the Planning Board is seeking the opinion of the town’s legal counsel before it proceeds with a River Road asphalt plant proposal.

At the beginning of a public hearing Sept. 30 at Weare Middle School, Planning Board members declared in a unanimous vote that Mt. William Inc.’s proposed asphalt mixing facility would not be considered a regional impact, but the board has since backed away from that decision.

“After listening to some of the testimony that was given (that) night, they decided that maybe it could be” considered a regional impact, said Naomi Bolton, town planner and town administrator. “They voted to send notification to abutting towns.”

However, Bolton said notification has not been given because she would like to wait for the opinion of the town’s attorney, Bill Drescher. Bolton said she was still awaiting his opinion as The Goffstown News went to press.

She said the board made its turn-around decision after listening to several hours of testimony from neighbors of the proposed asphalt facility during the public hearing. Approximately 150 people attended.

Mt. William Inc. owner Chris Bolton told residents he’s proposing a 4-ton to 6-ton asphalt batch plant that would mix materials that already come from the current sand and gravel pit at the site in question. He said about 5,000 tons of asphalt would be generated every year for smaller-sized commercial and residential purposes.

“It’s not some great big plant,” he said.

The vast majority of residents spoke against his proposal, citing concerns about the environment, traffic, property values and quality of life.

Jeb Callen, a Concord-based attorney representing 39 neighbors of the facility, questioned whether it was legal for the Planning Board to accept the plan for review because he said it violates a zoning ordinance. “I believe under your own site plan regulations it’s illegal for the board to proceed with this,” attorney Jed Callen said.

Callen cited section 4 of the town’s zoning ordinance, which he said calls for any proposal to meet to zoning requirements before it can be reviewed and put before a public hearing, which is what occurred Sept. 30. He said the asphalt plant would fall under industrial zoning, but the proposed area is zoned for commercial use. The sand and gravel facility was grandfathered past zoning reguations because it was made before the regulations took effect.

Naomi Bolton said the town has taken Callen’s argument under consideration and is awaiting the opinion of legal counsel, along with the regional impact issue.

Naomi Bolton is the brother-in-law of the applicant, Chris Bolton. Her husband works for him at Mt. William Inc., she said.

Planning Board member Frank Bolton is Chris Bolton’s brother and has removed himself from handling the asphalt plant issue.