Minutes of Meeting

Lancaster Planning Board

Wednesday June 13, 2007 -- Planning Board convened for a public hearing at land of Paul and Marilyn Crane (Community Camp Entrance) for an on site “viewing” of land to be subdivided off of Arthur White Road. Time of meeting 5:00 P.M.

Those attending lst site inspection: Town Manger Edward Samson, Administrative Services Manager Becky Newton, Selectmen Allan Carr. Board members: Fred Emerson, Steve Young, Claude Reed, Joe Hoey, David Rexford and John Brooks. Abutters Priscilla Stewart, Jake Stewart. Also present were Surveyor Colin Sutherland, landowner Paul Crane and John Severance, Wetland Scientist.

Town Manager Edward Samson introduced everyone and those present walked down to the first site that was in question. Colin Sutherland said that he would point out the areas in question as they went along. There were no wetlands on this side of the brook. The Board returned and Aurore Hood and Justin Carter joined the group.

All went by vehicle to the 2^nd site in question. There they were joined by abutters Bruce Hutchings, Annie Bartlett, Ben Southworth and Austin Hamilton. The Board walked around the area. Questions were not addressed as this would be taken care of at the regular meeting on return to the Town Hall. Two small areas of wetlands were identified. These wet areas were on the proposed road site. The road site was flagged with pink ribbon. After the areas had been seen the Board and others, the group went to the Town Hall for the regular meeting.

Others attending at the Town Hall were Murray Vashaw, Leonard Savage, Scott Howe, Betsy Hutchings, Priscilla Stewart, Jake Steward, Ann Dubreuil, Jim Dubreuil, Amy Graham and Robert Bast from Architectural firm of Bast and Rood. Les Hilton joined the Board at this time, having missed the view.

Leo Enos, Sr. Selectmen’s Representative to the Planning Board was excused and Leon Rideout an Alternate was absent for this meeting.

The meeting was called to order at 6:30 P.M. by Chairman Fred Emerson.

Initial Business;

To review and approve the minutes from the May 9^th meeting. Noting that there were no errors or additions a vote was called for to accept the minutes.

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

Noting that there was not a full Board for voting John Brooks was appointed as a voting member for the meeting.

Public Hearing:

Chairman Emerson went around the room to each Board member and alternate and asked what opinions or concerns that they had from the site visits.

Justin Carter: He felt that he did not really know a lot about the project but he was concerned about what was needed for the bridge. He stated that he had not formed an opinion about the matter as of yet.

David Rexford: He did notice some wetlands. Thought that they were nice building lots and on the 2^nd site said that there were some areas that would need to be addressed.

Claude Reed: He said that he would need to check the map for the elevation of the bridge. Colin Sutherland said the engineer that was to be hired would make sure that all of the bridge dimensions were correct.

Joe Hoey: He said that he would like to see the wetland areas addressed.

Steve Young:He said that he didn’t think that there was anything earth shattering with the project. The lots are large, terrain is good and the road is good but would be improved as the project progressed. Road would have to be built to Town standards.

Aurore Hood: She asked how far the bridge would be above the water and the answer was 8 feet. She thought that maybe because some of the land had been cut that they would hear the noise from the gravel pit when in operation. She asked about the road and was told that it would be built according to Town specs from the end of the Arthur White Road. The area is a beautiful location.

Les Hilton: Les was not at the site visit but asked who the engineer would be for the bridge. Colin Sutherland told him that it would be up to Mr. Crane. He also said that the permitting would all have to be done through the state. He wants to see a good job done on the bridge.

Allan Carr:. He asked about the length of the bridge and was told a little more than 20 feet. Aurore Hood commented at this time that they would need to fill to build the bridge. Colin stated that they would need quite a bit of fill.

John Brooks: He asked about the grade to the bridge. Colin Sutherland said that it would be 8% down to the bridge (Arthur White Road side) and then 4% at the bridge. The road would be 9% on the Community Camp/Paul Crane residence/Gravel Pit side of the book. .

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. Discuss and vote on final approval.

Colin Sutherland, Surveyor presented the case. He gave maps to the Board members and put one on easel for public to see. Les Hilton asked if the bridge would be the 20 feet stated. Mr. Sutherland said that it will depend on what the engineer does. He also asked if they considered the wetlands combined or separate.

Mr. Sutherland asked John Severance to answer that question as he had been working with them on it. He said that each area is treated where it is impacted. Mr. Crane has been in contact with him and with the State and as soon as the approvals are received they will be given to the Town. Different types of soils affect the way of permitting. The categories of Wetlands applications go by square feet: 3,000 square feet of impact; l0,000 sq. ft. and 20,000 sq. ft. The areas along the road, which are in question, are 671 square feet (at the top of the road) and 992 square feet at the bottom of the road, approaching the brook. This makes the project a Minor Impact – the lowest impact a wetlands application can have in the State of New Hampshire. He further explained that they were looking at two separate wetlands area (671 and 992 sq.ft) with uplands in between. This is important to the state as well. He clarified that this is the simplest wetlands category you can proceed under. The soils are categorized as “poorly drained” versus “very poorly drained” which is also important to the state.

Aurore Hood asked where the 8% grade was. She was told that it was at Station 9 on the plan.

At this time Fred Emerson asked if there was anyone who objected to him being Chairman for the meeting as John Severance was his son-in-law. Bruce Hutchings asked if he thought that he could be honest and fair with his answers. Fred replied that yes, he could. Aurore Hood asked if he was a voting member. Yes he is. Edward Samson asked if any of the abutters had any problems with it. Annie Bartlett asked what a Court would do in the situation? No one could answer, as Town Council was not present. Edward Samson was concerned with this situation and asked Mr. Emerson if he would recuse himself, which he voluntarily did.

Fred Emerson recused himself at 6:50 P.M.

Vice Chairman Steve Emerson took over the meeting. At this time he appointed Justin Carter as a full voting member for the meeting.

Becky Newton asked if there was anyone else who thought that they might have a conflict with the case. All pecuniary or financial gain situations should be made known or otherwise disclosed to abutters and public at this time.

Aurore Hood felt that she should recuse herself as one of her agents had gone out and looked at the land with a client.

Aurore Hood recused at 7:00 P.M

It was determined that voting members for this first case would be Claude Reed, David Rexford, Joe Hoey, Steve Young, Les Hilton, John Brooks and Justin Carter.

Colin Sutherland said that one of the lots in the subdivision was less than 5 acres and it will have to State approval for subdivision which will also trigger a State wetlands review. He also stated that the bridge would not impact any wetlands - just the road. John Severance spoke and said that as long as you are “top of bank to top of bank’ and you don’t cross the brook with equipment (have access on both sides of the brook) you do not have to have a permit. They are not disturbing the brook and do not intend too.

At this time it was asked if there were any abutters who wished to address the meeting.

Bruce Hutchings, who had submitted a letter to the Board and it was in the packet. 1. – He said that at the initial meetings Colin Sutherland said the bridge would not affect any wetlands and now it is. At first abutters were told that no wetlands would be impacted and now they need to have wetlands permit. He also stated that lots 1 & 2 are to be house lots. Why do they need a new road to get to them when there is already a road? At the earlier meetings the Board was told that the bridge and road were necessary for Paul Crane to access other parts of his land. Bruce feels that Mr. Crane does not need the Cabot Loop Road to access his other lands. They were also told the subdivision was necessary for Mr. Crane for tax purposes. The project is a moving target. Why does this keep changing: When will the proposal “get firm”? . 3. He doesn’t have a problem with the sawmill and gravel pit. He feels that they still do not need a new road - we all went to the site and saw that there is no reason to put one there. He then went on the discuss how his parents had a nice area down state and now it is all grown up and he feels that this will happen out there. He feels that the Town needs to really look at the subdivisions that are coming forth and keep things under control. He said Mr. Crane tried to do something before and now he is trying to do it again. Refer to the Master Plan and go by it.

Joe Hoey stated that we could only do what the client asks the Board for. We do not know what the future plans he may have.

Bruce Hutchings said that they do not need a road across the brook to get to lots 1 & 2. Lot 3 can be accessed from road off of railroad bed. The Planning Board has to consider what is best for the Town. Bruce has offered to buy the land from Mr. Crane but Mr. Crane has not responded to him. Bruce wants to protect the land and put it in conservation. Is this the first step towards condos on the side of Mt. Cabot?

Becky Newton clarified for the board that the Master Plan is only a guiding document. It is not binding like the Zoning Ordinance or the Subdivision Regulations. The Master Plan is permissive where the other ordinances are mandatory. The board would have to follow its own regulations in other documents.

At this time Annie Bartlett passed out a letter with deeds attached that she had put together with concerns. The letter s are included with the file. She stated that there were several errors on the plan. She questioned the completeness of the plan. Annie questions the length of the bridge – according to the scale on the plan, the bridge is 39-40 feet in length. According to the scale on the road profile, the bridge is 100 feet in length. They also wanted to know if the wetlands around the brook had been taken care of and the answer was yes. On lot 2 – the lot is less than 5 acres and it does not have its state approval for subdivision. Colin clarified that they are seeking plan approval “subject to” State subdivision approval of lot 2. Annie asks who will do the follow-up to make sure this is done? She was told that the State would. She said that they do not want any building done until all of the approvals are met She was told Mr. Crane couldn’t build until all approvals were in place. Steve Young said that if they build without wetlands approvals, the State would shut them down.

She quoted Regulation 3.47 stating that this was a 3^rd re-subdivision. There was some discussion regarding this. She also quoted Land Subdivison Regulation Section 5.02g asking why they were adding access points when there were already existing access points. The regulations say that access points should be minimized. Steve Young stated that any house lot with a driveway creates an access point. She felt that the lots could be accessed from the road that is already there. She feels that Cabot Loop would be a safety hazard as well. The Arthur White Road is too narrow as it is only 15’ wide in places and by developing it and adding along it this would only make it more hazardous. The grade on some parts of the Arthur White Road are 12 and 14%. Annie feels that it would be impossible for a gravel truck and a car to pass at the same time together. She went on to say that they Cabot Trail is for hikers and it would be a safety hazard to have hikers and cars using the same space. Annie would like Paul Crane to take some of the 50’ right-of-way and create a hiking trail adjacent to the road. The hiking trail should have some sort of safety barrier to protect hikers from the cars. She also said that Land Subdivision Regulation Section 5.01c requires that all hazards be taken care of before the subdivision can be approved. She also stated that they would like it stated that Lots 1,2, & 3 not be able to be subdivide again. Annie said that the deed to the land requires access by third parties for Cabot Trail.

She further went on to say that she would like the Board to disapprove the subdivision. She wants the Board to disapprove the entire Cabot Loop Road as there is already access there now. Annie feels that Mr. Crane must meet all the requirements of the subdivision regulations. She went on to say that this is the 3^rd re-subdivision of the property (the first being Doris White 1977 subdivision and the second being an earlier subdivision by Mr. Crane that created lots 1 & 2). Pursuant to Lancaster’s subdivision regulations, Mr. Crane needs to put on the plan what he plans to do in the future with the remaining land. Annie wants to see a plan with all potential future lots pursuant to the requirement. John Brooks asked if lot 6 was included in the subdivision and Colin said that it was all of the remaining land. Steve Young said that any lot over 5 acres does not have to have the septic approval by the seller it is up to the buyer to do that. Under 5 acres is the responsibility of the seller. Aurore Hood said that in years past it was felt by other Boards that all future lots should be shown by the 3^rd resubdivision, especially if the lot was a large lot like this one is (over 500 acres). Aurore Hood said that the developer would need to show a “Master Plan” for future use of his land.

Noting that the discussion was going nowhere it was asked to vote. Joe Hoey felt that he was not clear on the ruling of how many subdivision there were and he felt uncomfortable about voting. Les Hilton asked if we could legally vote on this. Becky Newton said that she could not advise the board on legal matters but that she could check with Town Council. The issue is that the Board cannot violate its own subdivision regulations. Becky also stated that the regulations may permit minor irregularities to be waived by the Board upon written request of the applicant. David Rexford said that we should check with Town Council and also make Mr. Crane aware of what we were doing and why. Fred Emerson asked if when Doris White sold the land was it all in one big chunk. The answer was yes. Les Hilton expressed that he was disappointed that Mr. Crane was not at the meeting tonight so they could simply ask him if this plan represents or shows all future lots.

Colin Sutherland spoke and asked Annie Bartlett if the “third resubdivision” was going to be the only issue or if there were others issues. Annie stated that she still has all the other concerns outlined in her letter including safety concerns with regard to the road. Colin Sutherland said that it is a fact that the existing bridge near the gravel pit needs to be replaced. The goal is to create a new route with a new bridge that is half as long as the old route.

A motion was made by Justin Carter and seconded by Les Hilton that the Board consult with Town Council regarding whether or not this is a 3^rd re subdivision. No decision shall be made on final approval until we have the next meeting. The Public Hearing shall be continued until July 11, 2007 at 6:30 P.M. A vote was taken and the motion carried. The next public hearing on this case will be July 11,2007 at 6;30 P.M.

Aurore Hood and Fred Emerson were back on the Board at 7:50 P.M.

Major Site Plan Review:

Case #684 Lancaster Day Care Inc. d/b/a Lancaster Play and Learning Center. The applicant requests to remove portions of the building at 3 Cemetery Street and replace the removed portions with new modular construction. (Tax Map P6, Lots 37) Review application for completeness. Decide on date for Public Hearing.

The case was presented by Robert Bast of Bast and Rood Architectural firm along with Amy Graham the program director. They showed a plan of the new building. It will be on the same footprint as the old one. All of the setbacks meet the requirements. There will be just a little addition to the front part. The parking willl be the same. They feel that this is a great place to have the center as it is handy to Col. Town and areas for the children to play. Becky Newton said that the Town had been working with them for monies from Rural Development and CDBG. It was asked if the abutters had been notified, they will be for the next meeting.

Noting that there was nothing further to discuss on the project a vote was called for to accept the application as complete with a public hearing to be held on July 11, 2007.

A motion was made by Steve Young and seconded by Joe Hoey to accept the application as complete and to hold a public hearing on July 11, 2007. A vote was called for and the motion carried.

OTHER BUSINESS;

Building permits were signed for Lancaster Day Care Center and the Common Ground Café.

The Board was told that the applicant had been working with the Fire Chief and he had given them requirements for building such as a firewall. The Café will comply. It was asked if the rest rooms would be handicapped accessable. John Brooks consulted the plan and it does state that the new restrooms will be handicapped rest rooms.

A motion was made by Les Hilton and seconded by David Rexford to approve their building permit application. A vote was called for and the motion carried.

Les Hilton asked to be excused for the July and August meetings as he will be away. The Board agreed.

Noting that there was nothing further to come before the meeting a vote was called for to adjourn.

A motion was made by Steve Young and seconded by Claude Reed to adjourn. A vote was called for and the motion carried and the meeting adjourned at 8:10 P.M.

Respectfully Submitted: Approved:

Sandra E. Doolan - Clerk Fred A. Emerson

Chairman