By DALE GIRARD
Mayoral Notes
On March 6, the New Hampshire Department of Environmental Services (DES) held a public hearing at the Claremont Opera House regarding Acuity’s application to begin processing construction and demolition (C&D) materials at their property on Industrial Boulevard. I was incredibly proud to see our community come together, with a couple hundred residents in attendance and the majority speaking in opposition to the project.
This hearing was an opportunity for residents to express their concerns, and it is important to understand the process at play. Both the Zoning Administrator and the Zoning Board ruled that this type of business does not align with Claremont’s zoning regulations. Acuity then appealed this decision under RSA 677:4, questioning whether the ruling was unlawful or unreasonable. As a result, a legal stay was placed on the matter until DES makes its determination on the application.
DES’s decision will be based primarily on existing regulations, statutes and technical environmental criteria. While public input is considered, their role is to assess whether the application meets state environmental requirements. However, public testimony can play an indirect role if it raises concerns about environmental impacts — such as water contamination, air quality, or other regulatory factors — that may not have been fully addressed in the application. If concerns are purely emotional or unrelated to environmental statutes, DES cannot legally factor them into their decision.
The public comment period remains open until March 27. For those who did not have a chance to speak at the hearing, I strongly encourage submitting written comments via email: [email protected] to ensure all perspectives are heard. Please note Permit #DES-SW-87-037 in the subject line.
In the lead-up to the hearing, I was frequently asked whether the City Council or individual councilors would provide testimony. Many councilors were unable to do so due to their roles on quasi-judicial boards such as Zoning and Planning. A quasi-judicial board is a local government board or commission that has the authority to make legal decisions like a court. If DES approves the application and the Superior Court rules that the Zoning Board failed to provide due process, the case could be revisited, requiring additional review. The Planning Board may as well need to review site plans. It is important to recognize the importance of maintaining a quorum to provide integrity, efficiency and legality of the decision-making process.
It’s also important to recognize the independence of our local boards. The City Council appoints members to the Planning and Zoning Boards, but once appointed, these boards operate independently. It would be inappropriate for the council to interfere in their decision-making. All board decisions are supported by the city of Claremont. Our system is designed to ensure a fair and impartial process.
The overwhelming turnout at the hearing demonstrated how much this issue matters to our community. Regardless of the outcome, Claremont residents made their voices heard — and that is an important part of the process.
