Issue 3 June 7, 2024
Conservation Commission May 28, 2024
The Conservation Commission’s meeting lasted about one hour with no real troublesome issues until the discussion of 397 Center Bridge Road, where construction with material fill has disturbed a large area of wetlands inside the river boundary in the area of the meeting of the North and South branches of the Nashua.
All hearings were continued with the exception of
1) 320 Bolton Road; revisions made to the plan were satisfactory and the hearing was closed. A notice of intent was approved.
2) 0 Fire Road, the Town Beach; discussion determined the repair would be done as the material was deemed satisfactory and that the source of the satisfactory material identified by location and the site will be continually monitored. It was noted that during the summertime material is moved by hand. A negative determination was approved.
3) Lot 2 Neck Road; the project was deemed outside of the jurisdiction of the Commission, i.e. outside the boundaries of the wetlands. A negative determination was approved.
Discussions:
1) 397 Center Bridge Road; the last enforcement order was mailed to an incorrect address. A new revised order has been drafted with photos showing the wetlands filled and disturbed and river buffer land affected. The entire parcel is in the 100 floodplain. The letter will be reviewed and then approved next week for delivery to the correct address.
2) Open seat on the commission; a call out was made to the public to fill the seat.
Minutes approval:
4/09 2024 were approved with a revision to correct missing verbiage. Other minutes were not available for approval.
Board of Health Meeting May 30, 2024
The most intense and interesting items occurred at during the discussion portion of the meeting; the use of trailers on residential property being for emergency housing.
This was Sheila Mallette’s first meeting and Jeff Pasteur remained chair. The meeting was a long 3 hours and 15 minutes.
Permits were first on the agenda.
First 3 items were not discussed because information was not available.
696 Fort Pond Road was then discussed. The engineer discussed all the septic parameters for all three buildings that were investigated and then designed. The board would like an assurance that the site will be serviced by Shirley Water and not by any well, which will impact public water. No assurances are available yet. Susan Munyon mentioned that sewer must be based on the square footage of the building, not per person. This will be investigated. Cara Sanford spoke to the complications of matching the owners to the location. To further questions, Pasteur confirmed that BOH will make sure that all regulations or requirements will be met before BOH approves.
141 Schumacher Road; the engineer went through the remake of the failed existing septic system. The Board approved this.
569 South Meadow; the Board approved another upgrade to a failed system.
Title 5 Reports
329 White Pond Road and 77 Fort Pond Lane were acknowledged.
Discussion:
At 566 Harvard Road it was noted that the trailer was no longer occupied and so this can be dismissed.
489 Neck Road, a trailer is being occupied, an order was sent. A request for temporary housing until June 30th has been sent. April 5th was the notice of the first order. To allow the request, both the BOH and the Building Inspector will have to set aside regulations/bylaws and then the Town Counsel will need to be consulted. Jean Mitchell asked what are the health and concerns are, because as a member of the Red Cross, she knows that the federal government uses trailers for emergency situations and cited the huge housing crisis in MA but Chair Pasteur disallowed this was an emergency situation. Mallette noted this is violation of town regulations. The request for continued occupancy was denied. The process of eviction was approved.
132 Kilbourn was moved ahead in the agenda. An occupied trailer is onsite. An order was issued to vacate. A request for extended stay until August 16th was then received by the BOH. Matt LeBlanc and Erin McCarthy are the occupants of the trailer. An advocate for McCarthy and LeBlanc, Jean Mitchell, who has power of attorney, spoke about how the couple has applied for over 100 apartments and they now have a committed date for an apartment in August. McCarthy has money from RCAP (Section 8) to get an apartment. LeBlanc has a long term job in Clinton. Mitchell checks in with the couple twice a week. Mitchell confirmed that single adults do not qualify for state emergency because the weather is above 32 degrees F. The couple has occupied the trailer for over 6 months, so 30 notice is required before housing court can evict. The property owner says the couple is there with his permission and causing no harm. It is a big camper with all the amenities. Owner asked if requests for temporary housing in Lancaster has ever been approved. Chair Pasteur said no. Mitchell brought up that campers are used everywhere. Chair Pasteur disallowed this statement citing dangerous conditions (not defined)and said campgrounds have better hook-ups and amenities.
McCarthy made an emotional appeal since they will then be reduced to living in their car. Mallette said that the Board needed to proceed with eviction. The Board voted to proceed with eviction.
27 Russell has a neighbor complaining about noise from a generator. An occupied trailer was discovered with an overflowing dumpster. A letter has been sent to the owner. No response has been received. The Board will request help from Town Counsel to help with the situation.
679 George Hill’s separate well was denied because cross contamination was possible. The permit application was withdrawn. The septic permit deadline, 6/30th, is in doubt; a request for an extension will be made.
Sterling road/Deershorn; on parcel 98 septic is preferred and is allowed, pending approval of the Sewer District.
700 Fort Pond Road has a failure of documentation (certificate of compliance to Title 5). There has a response from the CFO on May 8th asking for prior notifications and the notifications was sent back May 9th. A new communication via certified mail will be sent with copies to Select Board and the Town Administrator.
Dust and noise issues with 194 Grant Way is being dropped.
1263 North Main Street needs the follow up paperwork on a septic system. A letter will be sent asking for such.
55 Sylvan is completed.
DEP has approved the well for Nation Wide Auto Recycling so the item is closed.
Select Board Meeting June 3, 2024
A line was discernable between Select Board members, Allison and Kerrigan and the new member Gifford. On all Gifford gave up his objections and voted in unity with the other two members with the exception of the appointment to the Conservation Commission.
After the approval of the May 20th minutes, Public Comment was the lead agenda item and there were three public comments:
Dan Lapen spoke to the various personnel changes and reappointments with Memorial School Committee.
Linnea Lakin spoke to the appointments pending on the Community Preservation Commission.
Anne Ogilvie spoke to the eviction of homeless people from trailers being used as emergency housing on residents’ property (see BOH article section). She asked for collaboration of the concerned committees and/or authorities to help the homeless within Lancaster. Chair Kerrigan stopped her at two minutes.
A joint meeting was then called with the Department of Public Works. Town Administrator Hodges asked how to collaborate with the DPW within the Town government. There was a grant that expired without knowledge of anyone and so more concerted cooperation is needed. Hodges to draft a memorandum of understanding for approval by both Boards.
A $4M grant, which had almost expired, for water lines has been obtained and the DPW is waiting on $163K of funds for water line improvements.
The 2019 grant for 500K is being worked on.
During this discussion Hodges noted the probability of a fall town meeting.
Select Board member Jason Allison wanted to talk about his feedback to the Planning Board that he planned to give at the next day’s Lancaster 2035 Comprehensive Plan presentation at First Church (a copy of the presentation can be seen at https://lancaster2035.org). Discussion resolved that the feedback to the Planning will be that the number one priority of the Select Board and therefore the Lancaster 2035 Plan should be diversifying the tax base. This was approved.
The 5-member Select Board process was further moved on to petition the State Legislature to approve a town vote on the 5-member Select Board. All approved.
Hodges reported that Planning Board will be calling a hearing on the Hawthorne Lane situation.
Kerrigan will work with Hodges to come up with a recommendation on cannabis policies.
Allison and Hodges did a review of the Historical Commission charter.
The Select Board moved on then to the appointments and resignations of the Town’s Boards and Commissions.
Kerrigan asked that the Community Preservation votes to be moved to the next meeting because of the number of applicants exceed the open seats; applicants were asked to come in to speak to why they would best suited to be on the committee.
The Conservation Commission also had more applicants than seats but because one, David Mallette was in the room, who Allison favored, he was asked to speak, and consequently, the other applicant, Carl Fawcett, who was on Zoom, was also asked to speak. Allison favored Mallette in the room, Gifford favored Fawcett. Kerrigan allowed while Fawcett had superior professional experience, he had urged Mallette to apply so he was voting for Mallette. Mallette was added to the Commission.