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State DOT orders closure of driveway used by Foster Materials; board told owner may need alternate access or state release
Summary
The Planning Board was briefed that state DOT issued a cease‑and‑desist for a driveway used by Foster Materials because the driveway lies in the state right‑of‑way and conflicts with a planned roundabout; the owner must seek a release process or find alternate access and could face schedule and cost impacts.
Planning staff informed the board that the New Hampshire Department of Transportation issued a cease‑and‑desist order requiring immediate closure of a driveway used for access to a Foster Materials gravel pit, saying the driveway lies within the state right‑of‑way and will interfere with construction of a planned roundabout.
Staff said DOT told the applicant that the driveway would need to be rebuilt per a process to obtain release of state right‑of‑way access, which could involve state permitting steps, potential Executive Council review, and additional expense. Board members noted overlapping jurisdictional permits — DOT, the Department of Environmental Services (DES), and the Army Corps were mentioned — and emphasized the complexity and cost such a change could impose on the operator.
Planning staff said he had participated in a multi‑party call with the DOT official and representatives and that DOT’s recommendation left the operator needing to pursue the state process to regain formal access or find alternate ingress. Board members asked staff to monitor the matter and noted construction of the roundabout is scheduled to begin soon, which may constrain available options for access during construction.
No board vote was taken; the board treated the update as informational and asked staff to report back on any permitting developments.
