Minutes of Meeting

                                        Lancaster Planning Board

 

Meeting held upstairs in Town Hall                          Wednesday April 11, 2007

 

Regular members attending:  Chairman Fred Emerson,  David Rexford, Claude Reed, Joe Hoey, Les Hilton and Selectmens Representative Leo Enos.

Alternate members attending: John Brooks and Leon Rideout.

Excused: Steve Young and Aurore Hood.

Others attending: Town Manager Edward Samson

                               Town Administrative Services Manager Becky Newton

 

Public: Bruce and Betsy Hutchings, Scott Howe, Annie Bartlett Howe, William Bishop, Phil Farrar, John Minichiello, Ann and Jim Dubreuil, Pancras Van derLann, Colin Sutherland – Surveyor and Tim Sutherland  (Mrs. Henry)

 

            The meeting was opened at 6:30 P.M. by Chairman Emerson who welcomed all to the meeting.  Roll Call followed.

 

Initial Business:

            To review and approve the minutes of the March 6th meeting. Noting that there were no errors or corrections a vote was called for to approve.

A motion was made by John Brooks and seconded by David Rexford to accept the minutes as written.  A vote was called for and the motion carried.

 

Election of Officers:

            At this time the floor was open for nominations for Chairman of the Planning Board.

 

A motion was made by John Brooks and seconded by Les Hilton to nominate Fred Emerson as Chairman.  Hearing no further nominations a vote was taken and the motion carried.

 

            Nominations were called for  Vice Chairman of the Planning Board.

 

A motion was made by Les Hilton and seconded by Joe Hoey to nominate Steve Young as Vice Chairman.  Hearing no further nominations a vote was taken and the motion carried.

 

Public Hearings:

 

Major Subdivision:

 

Case #681 Paul & Marilyn Crane:  Applicant requests a Major Subdivision to create four new lots off Arthur White Road/Cabot Trail and to perform a lot line adjustment of two existing lots (Tax Map R13 Lots 35, 36, 56 & 57) New Road “Cabot Loop” proposed. Review application for completeness. Decide on date for Public Hearing.

 

            Chairman Emerson then opened the discussion stating that it is customary that the public not be included in the discussion as to whether a subdivision application was complete. This is done at the Public Hearing, but tonight he would allow it.  He stated that he would start with Colin Sutherland, Surveyor for the project, then the abutters and then the public would be allowed to speak.  After the discussion a date will be set for the Public Hearing.

            Paul Crane wants to keep the sawmill and gravel pit lots.  He is subdividing these because he is being taxed by the town on them as separate lots, so he may as well have separate lots.  The other three lots (#1, #2, and #3) will go out for sale.  Colin Sutherland said he does not need a site specific permit because he will not be disturbing the required square feet of land.  He did say he would need an EPA Notice of Intent permit.  Colin stated that the weight capacity on the bridge would be l40,000 pounds.  What will the width of the bridge be?  Recent clearing of trees was also a concern

            Colin Sutherland then presented the plans of the project. Chairman Emerson read a draft of conditions that would be necessary for final hearing (list attached) and stated that these and the questions addressed at the last meeting had to be met.  Pancras Van derLann asked if this had been discussed at the previous meeting.  He was told that Colin brought the plan in as a Preliminary Conceptual Consultation, which is allowed pursuant to the Subdivision Regulations and abutter notification is not required.

            Bruce Hutchings was concerned about the wetlands.  He requested that the new bridge be built to class V standards.  He also requested that an engineer certify that there would be no wetlands disturbance.  Mitigation requirements call for a person to create an equivalent acreage of disturbed wetlands or to make a conservation easement in the amount of 10x the disturbed acreage.

            The Board was asked if they had any questions.

 John Brooks asked about the bridge.  It will be 8-10 feet above the water.

Leo Enos asked why there weren’t any driveways on the plan – they are not there as it would be up to the person who buys the lot to determine where they would like it.

Les Hilton asked who the engineer would be.  Mr. Sutherland said that it would either by one appointed by the Town or Mr. Crane.

Leo Enos asked if the final inspection would be paid for by Mr. Crane. (That will be put on discussion point?) Fred Emerson clarified that any engineering or inspection fees are required to be paid by the applicant pursuant to subdivision rules.

Mr. Sutherland said that the sawmill and gravel pit were being taxed separately.

David Rexford asked where the area was that the engineer would approve.  Mr. Sutherland pointed it out on the plan.

Leo Enos asked if Mr. Crane planned to have the Town take over the road. He was told that if that happened he would have to go to the Board of Selectmen and then to Town Meeting to see if they would.

Claude Reed asked who would maintain the road.  – Mr. Crane will.

If Bruce Hutchings purchased lot #2, he could merge with his existing parcel.

 

It was then asked if any of the abutters would like to comment.

           

            Pancras VanderLann passed out a letter that he had written with comments and concerns regarding this project and past projects that Mr. Crane had submitted.

            Bruce Hutchings said that he was concerned about the bridge across the brook.  How will it impact wetlands and he would like to see permitting done first and that the Board consider this before the next meeting.   Mr. Sutherland stated that he had had it checked by two wetlands , Horizons and John Severance and the way that they have it planned it will not require a wetlands permit because the bridge will go from bank-to-bank with no work in the brook.  Bruce Hutchings stated that sometimes wetlands extend past the banks of the brook.

            Les Hilton stated that the engineers that will be hired to do the job will know all of the information that is needed about wetlands and they won’t let it be done if it isn’t right.

            Bruce Hutchings said that he is interested in purchasing a 5 acre parcel from Mr. Crane and is also questioned why the name of Cabot Loop from the gravel pit.  (He said that he has spoken to Mr. Crane regarding this.)

            Fred Emerson stated that if the plan is approved, Mr. Crane cannot sell any of the lots or obtain a building permit on any of the lots until the road is built to specs and inspected by an engineer and approved by the planning board.

            Mr. Vanderlann stated that he feels the road is for further development!!!!!

            Bill Bishop asked if the ROW across his property is going to stay open and in that condition.  Mr. Sutherland said that it would.

            Phil Farrar stated that he feels threatened by the whole idea.  Is it always going to be gated ?  He feels he is being encroached upon. He requested that the board go view the area.

            Becky Newton spoke on the road law.  Once a road is shown on a plan it is a dedication for public purpose even if it is a private road, with ownership and maintenance staying with Paul and Marilyn Crane. Once it is approved and recorded it will be built to a Class V Road. Becky believes that the road cannot be gated once it is shown on a plan. Becky said she could check this with Town Council if people wished.

            Annie Bartlett Howe said that the Cabot Trail is gated presently.  In a deed of Doris White to Crane it says that the public will have access to trail – this is the ROW in that deed. Becky Newton requested a copy of the deed, if Annie could obtain one.

Annie also asked if there would be a lot of trucks going up and down the Arthur White Road as there is always a lot of wash outs on that road and when it was repaired it was not done back to original width.

            Pancras Vanderlann said that the north side of the mountain is very wet and there is a lot of run off.  He also said that as far as the bridge over Bunnell Brook goes, they have been talking about fixing it since l993 and it still isn’t done.  He also pointed out that the bridge by the Water Treatment plant was a one lane bridge. Edward Samson said that bridges were put on a list and done according to need and this one has come to the top of the list now.

            Becky asked Colin Sutherland what the right-of-way width was on Arthur White Road.  Colin stated it was a full 50’ right-of-way.

 

It was then asked if anyone from the public wanted to speak.  Noting that there were none the discussion was closed to the abutters and the public.  The Planning Board then proceeded with their comments.

 

            Joe Hoey asked about the septic.  Mr. Sutherland said that there wasn’t going to be any septic on the sawmill  lot so it was not shown.  There would not be any state approval  numbers for same. Becky and Mr. Sutherland agreed that any lot under 5 acres requires an approval for subdivision if septic is planning on being installed.  There are no plans to install septic on the Sawmill lot.  The 4.09 acre lot (lot #2 on plat) will require a septic approval.

            Fred Emerson said that there were several steps that took place as far as septic design goes and they are checked very carefully by the state.

            Claude Reed said that he agreed that the plan is complete but he does have some concerns.

            Les Hilton made the motion to accept the plan as complete subject to the list of conditions presented at the April 11th and March 6th meeting.  The motion was seconded by Leon Rideout.  A vote was taken and the motion carried.

            Claude Reed asked if the traffic would tear up the Arthur White Road.  Ed Samson said that it is the unknown that we are all concerned about and will try to do our best to make the project go as smoothly as possible for all concerned.

            The public hearing will be held on Wednesday May 9th at 6:30 P.M.

 

Other Business:

            Information that was in the packet.

 

Commercial Buildings Permit (s) – none

Road Resolution – Barbara and Michael Rossell  - Paul’s Drive.

            They have met all of the requirements need permission to issue building permit.

A motion was made by Claude Reed and seconded by Leon Rideout to issue building permit to them.  A vote was called for and the motion carried.

Inspection station for AB trucking co. – He will only be doing his own vehicles.

A motion was made by Leon Rideout and seconded by Claude Reed to grant the request. A vote was called for and the motion carried.

Maide Fortin – Voluntary merger of a piece of land next to her present lot.

A motion was made by Joe Hoey and seconded by Claude Reed to grant the merger. A vote was called for and the motion carried.

 

Correspondence:

Portland Place Condominiums – Their site specific permit has been received.  This was Also included in the packet was a new meeting schedule – due to the fact that the Planning Board meetings will be on the second Wednesday of the month now.

 

Noting that there was no further business to come before the meeting a vote was called for to adjourn.

 

A motion was made by Leo Enos and seconded by David Rexford to adjourn. A vote was called for and the motion carried and the meeting adjourned at 7:30 P.M.

 

Respectfully Submitted:                                                        Approved:

 

 

Sandra E. Doolan – Clerk                                                     Fred A. Emerson

                                                                                                Chairman