After court sides with Lakes Region Community Developers in Ashland housing case, town files their own appeal

A proposal to bring more affordable housing to Ashland is still tied up in a legal battle, after a pair of appeals filed by the town and developer are still being considered by the court. 

“The Village at Mill Pond” aims to bring around 80 new homes to the town, proposed by Lakes Region Community Developers.

Lakes Region Community Developers filed an appeal against the Town of Ashland and their planning board on Oct. 17, 2025, after the board denied the application for the development.

The appeal was granted April 20, and the planning board’s denial of the application vacated, and sent back to the planning board. The town and planning board filed their own appeal June 24.

LRCD proposed The Village at Mill Pond at 35 Mill Pond Lane in Ashland. The proposal offers 76 rental housing units, 60 two-bedroom apartments, and 16 three-bedroom apartments. Additionally, four single-family lots would later be developed in collaboration with Pemi Valley Habitat for Humanity.

Originally, LRCD proposed 60 townhouse-style units, including two- and three-bedroom units, as well as a separate, two-story building for 26, age-restricted, one-bedroom apartments for seniors. In February 2024, the Ashland Zoning Board denied the LRCD proposal for the senior housing units, designed at 625 square feet, which were smaller than the 750 square feet required. As a result, LRCD dropped that part of the plan.

Lakes Region Community Developers, founded as the Laconia Area Community Land Trust in 1988, is a nonprofit organization adding high-quality, affordable rental housing throughout the Lakes Region, including 365 affordable apartments in Ashland, Gilford, Laconia, Meredith, Tilton, and Wolfeboro, according to its website.

LRCD filed an appeal in Grafton Superior Court, later transferred to Hillsborough Superior Court. LRCD also filed claims for damages, alleging the town’s violation of their rights to substantive due process, and violation of the Federal Fair Housing Act. 

The Town of Ashland filed a notice of appeal, on June 24, raising three specific questions. First, whether the trial court was incorrect in finding the Ashland Planning Board’s denial of the LRCD subdivision application and site plans “unlawful and unreasonable.” Second, whether the trial court was incorrect in holding back from analyzing the effects of the easement dispute between LRCD and its abutter on LRCD’s capability to develop the property as proposed. Third, whether the trial court was incorrect in awarding attorney's fees and costs for LRCD.

The easement dispute refers to the abutting property to 35 Mill Pond, south of the site and containing a dam. The proposed property would benefit from the 50-foot access easement, over town property and connecting it to Route 3, owned by Aaron Sliski. The dam easement would also provide LRCD with the right to remove any rocks, soil, or sediment from Mill Pond, as well as construct and maintain utility poles.

Within the Route 3 easement, the Town of Ashland previously constructed a gazebo and ice skating rink. The town manager at the time, Frederick Welch, told LRCD, on Oct. 24, 2023, the town planned to remove these amenities in spring 2024. As of April 21, the structures are still standing, impeding on the Route 3 easement. Welch proposed a potential new access road installed over the abutting property. He wanted the property owners to release the easement to preserve the gazebo and rink. The selectboard and LRCD leaders met on May 5, 2025, to discuss this option. The selectboard declined to speak about the road proposal, and stated they wished to have a joint meeting between LRCD and the planning board, which was never scheduled.

As part of the pre-application phase, on June 19, 2024, LRCD submitted plans to the planning board for design review, so the board had an opportunity to understand the proposal and voice concerns, as well as concerns from the public and abutters. On July 10, 2024, the planning board held a design review meeting, where LRCD presented an overview of their plan. The planning board asked for further information they would need during the review, such as “impacts on utilities, traffic, and schools, as well as rental-rate calculations.” After opening the floor for public comment, most community members were opposed to the project.

The planning board held an additional design review meeting on Aug. 7, 2024. LRCD representatives requested the board complete the design review phase at the meeting. The board agreed to have each member review “the site plan and subdivision regulations, and the zoning ordinance, and thereafter submit questions and concerns in advance of the next Board meeting, where design review would continue.”

But at the next meeting, on Aug. 28, 2024, the planning board presented over 60 questions gathered from the public and board, for the first time. The board requested LRCD respond to the concerns in writing. At the planning board meeting on Sept. 25, 2024, the board concluded the design review, after four meetings, but stated the applications were so large they needed to consult an engineering expert. The board said the applications would be slotted for the Oct. 23, 2024, meeting.

The planning board held a public meeting Oct. 15, 2024. The Village at Mill Pond application was not on the agenda, and no notice was given it would be discussed. At the meeting, the board reviewed and discussed various proposals from engineering firms to act as a “third-party reviewer” for the project, and decided upon Brown Engineering. At this meeting, the board also stated the property zone had changed from commercial to industrial in 1987, so LRCD would need the zoning board’s approval for the project. After the LRCD filed a Right-to-Know request on the matter, the board changed positions, and stated the property was, in fact, commercial. LRCD withdrew the request.

LRCD later prepared packets with plans for the project and gave them to the town clerk, who said they would place the packets in each department head’s mailbox. But at the meeting Dec. 4, 2024, they had not received them.

After a lack of feedback from department heads, LRCD requested a meeting, which happened June 5, 2025.

At the planning board meeting March 6, 2025, the board held time for public comment, and heard concerns over environmental impacts from abutters, old restrictions on the property, and a “history of hazardous materials at the site.” These concerns were found to be inaccurate after LRCD staff research with the state Division of Historical Resources.

Welch continued to bring up the concerns, specifically discussing “unlicensed landfills, buried drums, and coal ash” on the property. To address the concerns, he recommended LRCD complete a procedure, which involved “posting of a bond of at least $500,000 to be placed in escrow to which the Town has unrestricted access to pay for environmental cleanup.”

At a planning board meeting on June 26, 2025, members stated they would “not be discussing Mill Pond” tonight, bringing the application discussion to the July 17 meeting. The planning board brought in selectboard member Jennie Angell, to do a presentation on workforce and affordable housing where Mill Pond was briefly discussed, but LRCD representatives were not present.

The NH Department of Transportation emailed the Ashland Planning Board on July 29, with their concerns regarding The Village at Mill Pond, and requested further information. The board did not forward this email to LRCD until Sept. 4.

Angell spoke again, at a meeting Sept. 18, this time as a resident. She said Ashland already provides enough affordable housing for residents, expressed concerns over property taxes, and said the Mill Pond proposal would be “detrimental to the town,” and requested the board reject it.

After concerns from Sliski about the dam property, the planning board unanimously voted to deny LRCD’s application “due to the unresolved property dispute issue,” and said they could reapply once the dam easement issue is resolved. On Oct. 17, LRCD filed their appeal against the town and planning board.

Hillsborough Superior Court was “unwilling to step into the shoes of the Planning Board,” and stated the board would be able to address the dam easement concerns through additional “technical conditions” through staff and peer review.

The LRCD appeal was granted April 20, and the planning board denial vacated, the application to be sent back to the board. The town filed its own appeal June 24.

Representatives from LRCD and the town declined to comment about the case.

A status conference regarding "non-land use claims” was originally scheduled for Aug. 12, but canceled due to the judge’s availability. A rescheduled status conference will be held at 10 a.m. on Monday, Sept. 14.