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The Buxton Planning Board approved a controversial gravel pit and rock crusher Monday, reversing a January decision to deny the project approval.

Ron Dearborn applied last summer for a permit to open a pit on 30 acres on Webster Road. Dearborn could begin opening the pit within 30 to 40 days.

“I’m happy, happy, happy,” Dearborn said following approval this week.

The board granted approval in a 4-3 vote, with Harry Kavouksorian, Cullen Ryan and board Vice Chairman Jeremiah Ross opposed. The Planning Board decision came after 90 minutes of deliberations and a 10-minute recess to meet in executive session with Buxton’s attorney, William Plouffe. Planning Board member Sue Schaller, who had a procedural question, made the motion for an executive session

The Planning Board had denied approval of the gravel pit in January, and Dearborn had planned to appeal its decision in court. Through a letter from his attorney, Aaron Julien, in January, Dearborn asked the board to reconsider its denial because of improper procedures.

The board failed to properly close the public hearing, according to Julien. The board had also improperly allowed a couple of letters to come in after the deadline for the town to receive them had passed.

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The Planning Board agreed on Jan. 24 to reconsider and re-opened the public hearing on Feb. 14. The Planning Board then continued further discussion to March 28 and tabled the matter to this week.

Selectmen Bob Libby and Dan Collomy were among 30 people who attended Monday’s meeting. Some people were left to stand.

Julien also attended this week’s meeting as did another attorney, Jonathan Harris, who has represented Robert Murphy and Allan Hague, two neighbors of the site of the gravel pit. There was no public comment allowed this week, with the exception of a brief comment from Julien.

Dearborn’s company will be allowed to operate the pit from 7 a.m. to 6 p.m. Monday through Friday and 8 a.m. to noon on Saturdays. Unless otherwise specified by the Planning Board, the town’s ordinance allows gravel pit operation from 7 a.m. to 8 p.m. Monday through Friday only.

The crusher was limited to operating a maximum of 20 days each year. But its operation was restricted to five consecutive days followed by five days without crushing.

Dearborn is required to notify Buxton’s code enforcement office 24 hours in advance of starting any crushing, and crushing won’t be allowed on weekends. “Crushing is one of the greatest areas of contention for the neighborhood,” Schaller said.

Planning Board member Wanda Emery favored limiting crushing operations to three consecutive days with two days off. But Julien told the Planning Board that plan would be cost prohibitive for his client, and they needed a larger 10-day block of time.

Schaller made motions to limit the depth of the pit and to limit duration of the gravel pit to 30 years, but no one seconded the motions. Planning Board member Chris Baldinelli said a 30-year limit could create a hardship to the neighborhood, increasing traffic flow of trucks to the gravel pit.

Opponents of the gravel pit approval could appeal the decision to Superior Court within 30 days.

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