LYNDEBOROUGH – On Wednesday, July 13, the Board of Selectmen issued a cease-and-desist order against an apparent unpermitted excavation project on Dutton Road. That order was executed on Thursday by Police Chief Rance Deware accompanied by Code Enforcement Officer Leo Trudeau.

Later on Thursday, the Selectmen met with the owner of the property and the project manager. After some discussion, the order was rescinded.

Trudeau brought the project to the Select Board’s attention at their regular meeting on Wednesday, July 13. He said he had been alerted by residents of the activity and after investigation, found a large scale operation and no record of any permits, other than an intent-to-cut form. That forestry project was completed earlier this year.

Trudeau said the project was “altering the terrain and the character of the town” and “dozens of trucks had been seen leaving the property.”

He said he had found no wetlands permits and the area is in “the 100-year flood plain,” and an area where water drains in two directions, into Stoney Brook and the Piscataquog River in New Boston.

On Thursday evening, property owner Gregory Strasburg of Portsmouth, Project Manager Hunter Matthewson, and Spencer Tate of Meridian Land Services met with the Board.

Chairman Fred Douglas said the “only document we have on file is a letter from (the state) Department of Environmental Services dated May 2” which notes that applications were not complete. “Was this followed up on?”

Strasburg said Meridian had been hired to handle all the permits “and a call to their office would have avoided all this.”

Tate said “the project as a whole was previously approved in 2004 with a wetlands permit for a road. That is still in place and there is no violation.”

Douglas said vegetation had apparently been cut to the edge of wetlands and he understood there was supposed to be a buffer.

Tate said the operation is under an agricultural plan. The owner plans to convert the property to farm land and no permit is required.

It was noted that neither federal nor state agencies are required to inform towns of permits issued.

Strasburg said no material had been removed from the site as reported by Trudeau. “We’re not trying to do anything off the books We have all the needed permits. We don’t want to cause any problems This is all a misunderstanding.”

Douglas said he understood that the temporary driveway permit was for forestry only. But that permit was found to lack the required expiration date, in effect leaving it valid.

Selectman Mark Chamberlain asked about signage and flagging, having someone present when trucks were entering Center Road.

Selectman Robert Howe said he was “disturbed that we didn’t know about this, that we have no control.”

Trudeau questioned the removal of material and Strasburg repeated that “no material has left the site.”

The selectmen voted to rescind the order, “at this point,” with the stipulation that” trucks entering and leaving” signs be place at the junction of Dutton and Center Roads.

Trudeau said he felt his “professional integrity was being attacked and wanted it noted in the minutes.”

Planning Board Chairman Charlie Post suggested that the speed limit on Dutton Road be reduced to 25 miles per hour because of the narrowness of the road.

It was agreed that communications with the state have been poor. State Representative Lisa Post was asked if she could “talk to state agencies about informing towns of issued permits.”

She said she had spoken to DES about wetlands permits.