Minutes of Meeting
Lancaster Planning Board
Meeting held upstairs in Town Hall Wednesday July 11,2007
Those attending: Town Manager Edward Samson, Selectmen Allan Carr and Administrative Services Manager Becky Newton.
Regular Planning Board members present:Chairman Fred Emerson, Vice Chairman Steve Young, Claude Reed, Joe Hoey, and David Rexford.
Alternate members present:John Brooks, Justin Carter and Leon Rideout.
Others attending: Ann and Jim Dubreuil, Murray Vashaw, Scott Howe, Annie Bartlett, Amy Graham, Lucy Wyman, George and Judy Matthews, Bruce Hutchings, Jim Perron, Lisa and David McCullough III, Pancres Vanderlann, Colin Sutherland, Surveyor and Hanen Neil, Forester.
Excused: Les Hilton, Aurore Hood and Leo Enos.
The meeting
was called to order at 6:30 P.M. by Chairman Fred Emerson. He welcomed all to the meeting.
Initial Business:
To review and approve the minutes from the June 13, 2007 meeting. A vote was called for to accept the minutes as written,
A motion was made by John Brooks and seconded by Claude Reed to accept the minutes as written with the following corrections:
Page 3 –
It was written that Steve Emerson took over the meeting and it was to have read
Steve Young.
Page 5 –
On second line “they” should read “the” and in the second paragraph
“subdivision” should be plural – and an “s” was added.
A vote was called for and the motion to accept the minutes with the corrections was approved.
At this time Chairman Emerson appointed Alternate members John Brooks, Justin Carter and Leon Rideout as full voting members for the meeting. Re: There were two regular members absent and several members needed to recuse themselves during the meeting on various cases.
Public Hearings:
Major Subdivision:
Case #681 Paul & Marilyn Crane (Continued Case) – 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.
Fred Emerson recused himself for the case at 6:35 P.M. and Vice Chairman Steve Young chaired the meeting.
It was asked if there were any abutters who wished to speak. Annie Bartlett, an abutter, spoke and said that she had some concerns regarding the Arthur White Road. The condition and size were not conducive to heavy trucks coming down that road. They were a safety hazard to anyone who might be traveling on the road at the same time. Annie mentioned that Arthur White Road was steep and only constructed 15 feet wide in places. She has safety concerns with gravel trucks being able to pass by passenger vehicles at the same time. The ditches are three feet deep. She asked if there was something in the regulations regarding the road. Steve Young said that all roads have to be built according to Town specs.
Annie stated that Arthur White Road was ruled too narrow by the Zoning Board to support recreational vehicles when Paul Crane was trying to construct his campground. Annie’s opinion was that gravel trucks and RV’s are about the same. Annie asked if there is an assumption that with a new subdivision, there always comes a new road? Annie feels that the existing roads should be utilized for this subdivision.
It was then asked if anyone from the public in attendance wanted to speak, hearing none the discussion was closed to the abutters and the public and moved to the Planning Board for discussion.
Joe Hoey said that Paul Crane does not need permission from the Planning Board to build a road. He would only need a driveway permit from the Town road agent for a cub cut off any class VI or public roads. Can the Planning Board require a developer to bring a town road (Arthur White Road) up to Town specifications? Becky answered “yes”, this is an off-site exactment and the Planning Board can require developers to make improvements to roads and bridges that are related to new subdivisions but which are off the actual site of the subdivision. Joe Hoey stated that any newly constructed roads (Cabot Loop) would have to be built according to Town Specs. (The Arthur White Road is a town road.)
David Rexford asked if the town had any plans to re-do the Arthur White Road and if Paul Crane was intending to use it maybe they could work together to fix it.
John Brooks asked if there were any restrictions to the Arthur White Road. Steve Young said that it is a Class VI Road beyond the gate. (Cabot Trail).
Joe Hoey said that the restrictions on Arthur White Road were the weight restrictions on the bridge not the road. The Arthur White Road is rated for 3 tons. The Water Treatment Plant Bridge is a single lane bridge. Joe Hoey felt it was a volume issue (total number of vehicles) when Paul Crane wanted to have a campground.
Claude Reed said at the last meeting there was an issue as to whether or not this was a 3rd subdivision.
Steve Young said that it wouldn’t apply as the regulations applied to subdivisions prior to 2003. This is considered a 1st subdivision.
David Rexford asked how he, Mr. Crane, hauled gravel from his pit now. He was told that he comes down the railroad bed and down his road by his house. He utilizes Community Camp Road presently (not Arthur White Road).
John Brooks said if there were no load limits on the Arthur White Road except in the spring when most roads have seasonal weight limits. If Mr. Crane’s vehicles are too big to use the bridges, he would have to continue to utilize Community Camp Road for those vehicles..
David Rexford said that the bridge is posted so those heavy trucks could not go over it.
John Brooks asked if it would be possible to put a provision in stating that the access road could not be used. The bridge on Cabot Loop has to be built to carry the weight of fire and emergency vehicles. It was also asked if we could contact Mr. Crane and discuss provision with him. Annie Bartlett wanted to know why Mr. Crane was not present? She felt it was difficult to get answers without the applicant present.
Becky Newton said that the Selectmen govern the weight limits on current Town Roads. All newly proposed roads are under the governing of the Planning Board. You could require a developer to up-grade the Arthur White Road as an off-site exactment.
Leon Rideout stated that he did not feel there would be any advantage to Mr. Crane utilizing Arthur White Road. Furthermore, to require Mr. Crane to upgrade Arthur White Road would be counter-productive to what the abutters want.
It is John Brooks’s opinion that Mr. Crane cannot use Pleasant Valley Road near Arthur White Road because of the load limits on the bridge.
Hearing no further discussion regarding the case a vote was called for to accept it for final approval.
A motion was made by Joe Hoey and seconded by Leon Rideout to accept the plan for final approval with the conditions that were presented at the last meeting. (a copy is attached to the minutes). A vote was called for and the motion carried.
Fred Emerson was back as Chairman at 6:50 P.M.
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, Lot 37) Discuss and vote on final approval.
It was asked if there were any abutters with concerns. There were none.
It was asked if there were any members of the public who wished to speak. There were none.
The discussion was then open only to the Board.
With no further discussion on the case a vote was called for to approve the plan for final approval.
A motion was made by Joe Hoey and seconded by David Rexford to accept the plan for final approval. A vote was called for and the motion carried.
Lucy Wyman
said that the Planning Board has the authority to have the people who put up
new buildings to plant trees around the area.
So noted.
Minor Subdivision;
Case #685 Fred & Myra Emerson and Lisa & David
McCullough III The applicant requests a Technical Subdivision (Lot Line Adjustment)
between lots P7 13, 33 & 34. Review
application for completeness. Discuss and vote on final approval.
Fred
Emerson recused himself at 6:55 P.M. and Steve Young took over the Chair for
the case.
Lisa and
David McCullough presented their plan.
The house that they have purchased is land locked. They have approached Fred Emerson to purchase
some land from him so to get a right-of-way to the house. They will still be land locked, but they do
have a deeded Right-of-Way. The land
will give them an area to park. They are
also going to work with the Phoenix Group to establish a better right-of-way.
It was
asked if there were any abutters who wished to speak. Lucy Wyman who said that she was there
representing the Phoenix Group. She
thought that the better place to have the right-of-way would be along the fence
of Roger Emery. She asked if there were
any setbacks that would come into play if the McCullough’s decided to build a
shed. Steve Young told her that there
were setback regulations.
Becky
Newton said that setbacks do apply. They
would have to get a variance to build closer to the setback than what is
allowed. You cannot build on a
right-of-way. There is a 15’ setback
from a lot line and from the edge of a right-of-way.
Lucy
Wyman said that the businesses now have use of a right-of-way and they want to
make sure that by giving another right-of-way that it would not devalue the
property that they have or make it too small for certain uses.
Becky
Newton said that a right-of-way burdens ones lot and benefits another. The Phoenix lot was being burdened and the
McCullough’s lot was being benefited.
Joe Hoey
asked if there was anything that we the Board could put on the plan regarding
this. It was stated that a variance is a
Zoning Board issue. It was also stated that there are places in town were there
are no setbacks. It was discussed that Canal, Park and portions of Main Street
have no setbacks. This is referenced in
the Zoning Ordinance.
Fred
Emerson said that he thought that it was nice that someone would come into town
and buy a house that really needed to be torn down and take it and fix it up.
Becky
Newton asked if the house was in a flood zone.
The McCullough’s stated that it was not.
This is good because if you improve the value of a house in the flood
zone of 50%, it can sometimes present a problem. Also, they were not planning on tearing down
the house? They are not. This is also
good because if they tore down the house on a landlocked parcel, this would
present problems with issuing a new building permit under 674:41 (waiver
required as there is no frontage).
It was
then asked if there were any members of the public who wished to speak on the
case. There were none.
It was
then asked if the Board had any further discussion on the case. Hearing none a vote was called for to accept
the application as complete.
A motion was made by Leon Rideout and seconded by David
Rexford to accept the application as complete.
A vote was called for and the motion carried.
Hearing
no further discussion a vote was called for to accept the plan for final
approval.
A motion was made by John Brooks and seconded by Justin Carter to accept the plan for final approval. A vote was called for and the motion carried.
Fred
Emerson back on the board at 7:14 P.M.
Case #686 James & Ann Marie Dubreuil –
Applicant requests Minor Subdivision to
create two new lots off Wild Acres Drive and North Road (Map R19 Lot 84) Review
application for completeness. Discuss
and vote on final approval.
Surveyor
Colin Sutherland presented the case. It
was asked about provisions for driveways.
The Board was told that they would enter from Wild Acres Drive. As Wild Acres Drive is a private road, a
liability waiver will need to be executed prior to issuance of a building
permit. It was asked if this subdivision of that particular area had made it
over the 15 lots. Colin said that it was
only the 8th or 9th new lot. When 15 lots are created, the subdivider will
have to register with the Attorney General’s Office under the Consumer
Protection statute.
It was
asked if there were any abutters who wished to speak. There were none.
It was
asked if there were any members of the public who wished to speak. There were
none.
It was
then asked if the Board had any further discussion on the case. Hearing none a vote was called for to accept
the application as complete.
A motion was made by David Rexford and seconded by John Brooks to accept the application as complete. A vote was called for and the motion carried.
Hearing
no further discussion a vote was called for to accept the plan for final
approval.
A motion was made by Claude Reed and seconded by Leon Rideout to accept the plan for final approval. A vote was called for and the motion carried.
Public Hearing on Tree Trimming/Removal on Scenic Town
Road:
Case
#687 Prospect Farm-Lancaster LLCc/o John W. Davidge III. Applicant requests to cut trees along a Scenic
Road – Mt. Prospect Road. (Tax Map R-23 Lot –020) Notice of public hearing
pursuant to RSA 231:158 (effect of Scenic Road Designation). Review application
for completeness. Discuss and vote on
final approval.
The case
was presented by Forester Hanen Neil. (also a letter in
packet from him telling what was to be done)
John
Brooks asked what would happen if there were any damage to the stone wall that
is there. Mr. Neil said that there is a
gap about 20’ wide there that they will enter from and does no feel that any
part of the wall will be disturbed, but if it is they will replace/repair it.
It
was asked if there were any abutters who wished to speak. There were none.
It
was asked if there were any members of the public who wished to speak. There
were none.
It
was then asked if the Board had any further discussion on the case, hearing
none a vote was called for to accept the application as complete.
A motion was
made by Steve Young and seconded by Joe Hoey to accept the application as
complete. A vote was called for and the
motion carried.
Hearing
no further discussion a vote was called for to vote on final approval.
A motion was
made by John Brooks and seconded by Justin Carter to accept the request for
final approval. A vote was called for
and the motion carried.
Other Business;
Mark Morel – This was tabled until
the August meeting. The Board members
were reminded to bring all of their information regarding to the case with
them.
Building Permits;
Lance
Whipple – Tool shed on his lot on Summer St.
A motion was
made by David Rexford and seconded by Claude Reed to approve the application
with all setback requirements met. A
vote was taken and the motion carried.
Louise
Caouette – Making one of the rooms in the building that they are in into an
office.
A motion was
made by Joe Hoey and seconded by Leon Rideout to approve the application. A vote was called for and the motion carried.
Daniel
Savage – To erect a barn. Agricultural
uses are exempt from site plan review.
A motion was
made by Joe Hoey and seconded by David Rexford to approve the application. A vote was called for and the motion carried.
Becky
Newton said that a revised Site Plan from the Sansoucy Portland Street Project
was received. DES said that there was a
large area in the back that was wetland and could not be disturbed. Plan revised from 12 units to 9. Developer has taken out the fountain, put in
a catch basin by the road as State DOT request and one of the duplexes is now a
triplex. She will send a letter to the
abutters telling them of the new plan but does not feel it needs to come back
before the Board. The Board was in
agreement with that. Abutters will have 30 days to request a hearing.
Also in the
packet were Notices of Decisions from the Zoning Board of Adjustment.
Having no
further business to come before the meeting a vote was called for to adjourn.
A motion was
made by Joe Hoey and seconded by Allan Carr to adjourn. A vote was called for and the meeting
adjourned at 7:40 P.M.
Respectfully, Approved:
Sandra
E. Doolan – Clerk Fred
A. Emerson
Chairman