Gravel Driveway Repair in Sharon, NH

Steve Boucher of Harris Construction making a point about his firm’s excavating in Sharon at Thursday’s Select Board meeting. —STAFF PHOTO BY DAVID ALLEN

Harris Construction’s attorneys Courtney Herz, left, and Lynn Preston present the firm’s explanation for its excavating work in Sharon without notice, approval or permits. —STAFF PHOTO BY DAVID ALLEN

Sharon Select Board members, from right Richard Dufrense, John Jonathan Shomody, Chet Bowles, attorney Jason Reimers and Town Clerk Debra Harling at Thursday’s meeting. —STAFF PHOTO BY DAVID ALLEN

A map that includes property owned by Harris Construction north of the town line with Sharon. COURTESY PHOTO

Harris Construction made its case at Thursday’s Select Board meeting regarding excavating land in town without notice, permitting or the payment of taxes.

The Select Board called the meeting in order to understand Harris’ actions and seek a path forward. More than 20 residents attended.

“Neighbors heard noise. Then we checked Google Earth and saw satellite photos showing what appeared to be excavations,” stated Select Board member Chet Bowles. “The Select Board issued a cease and desist (order). Then, the owner of Harris Construction, Steve Boucher, attended a Select Board meeting in January and admitted to having excavated approximately 20 acres on the Sharon property.”

Bowles added that Boucher appealed the order, prompting Thursday’s session. At the start of the meeting, Select Board member Richard Dufresne said that residents also felt vibrations as an indication of Harris’ activity. Harris Construction was represented by Courtney Herz and Lynn Preston of Sheehan Phinney. Jason Reimers of BCM Environmental and Land Law represented the town.

The land at the center of the matter is a back lot without road access, Bowles explained.

“This is a parcel of approximately 200 acres near Spring Hill Road,” he stated. “It adjoins property Harris owns in Peterborough, where the Harris Company is located. ​​Harris Construction has been excavating (on the) parcel in Sharon, but they have not sought approvals or filed any paperwork with either the town or the state to do this work.”

In its appeal, Harris claimed it is exempt from being required to seek permits for this work, citing state law which states that a party may be exempt from being required to seek permitting for excavation if the work began before Aug. 4, 1989.

Board member Jonathan Shomody focused on this point, saying, “There has to be a relationship between the plant and the excavation site,” which predates the state law citing 1989 for the exemption to apply. Harris‘ counsel did not confirm that this was the case.

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Herz said the firm is “committed to be a good neighbor,” but that “When RSA 155 E applies, town zoning (regulations) do not apply.” Harris also held that the parcel is a “contiguous site.” The statute refers to an excavation site, not a town, and the firm’s counsel maintained that it “applies to the entire parcel” where the work is being done, suggesting that it does not make a distinction for municipal boundaries.

Harris’ Steve Boucher said that the firm did some excavating on the parcel during COVID, but that his work was “mostly over the past two years. We’ll have records of what’s been excavated and sold in 30 days.”

Bowles asked about back taxes owed to Sharon, and Herz said she expected that there would be “a conversation about taxes.” Asked whether Harris had paid taxes to Peterborough, Herz said yes, but not Sharon. When asked why, Herz said it was an “oversight.”

“A five-year oversight; I can’t get my head around that,” said board member Richard Dufresne.

Dufresne also established that Harris had the state Department of Environmental Services assess the area in Peterborough where it was operating but not in Sharon. Bowles suggested that the Department of Revenue Administration should also be involved in the matter.

“It should help us to know what gravel taxes are due us,” he said.

When Dufresne asked Harris’ counsel why they didn’t simply work with the town on approvals, Herz reiterated that they believe the applicable statute exempts them from this process. The board raised the issue of an Alteration of Terrain permit, which must be sought from the DES with any project that will disturb more than 100,000 square feet of contiguous land.

“We can’t approve an intent to excavate until there’s an AoT,” said Reimers.

“Let’s assume we deny the intent to excavate - that’s the way I’m leaning,” said Bowles. “What we want is that nothing will happen until things are done legally.”

Gina Goff of Sharon attended the 77-minute meeting, and likened the matter to a David-and-Goliath scenario.

“Corporations seem to treat Sharon like a town with out regulations,” she said, but did not offer other examples of this conduct.

Jim Martens of Sharon qu estioned how Harris’ counsel characterized its intent to work with the town.

“They say they want to be a good neighbor, but they haven’t been one,” he said.

Dufresne said that the Select Board will decide how to proceed within seven days.