DUNBARTON PLANNING BOARD

WEDNESDAY, SEPTEMBER 20, 2000

TOWN OFFICES - 7:00 P.M.

 

The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Chairman James Marcou presiding.  The following members were present:

 

James Marcou, Chairman

Kenneth Swayze, Co-Chairman

Alison Vallieres, Secretary

Robert Perry

Charles Graybill, Selectman

Carter Higginbotham, Alternate

 

The minutes of the previous meeting of Wednesday, August 16, 2000 were approved as written.

 

At this point in the meeting, the Chairman noted the following would be voting members at this meeting:

 

James Marcou

Kenneth Swayze

Charles Graybill

Robert Perry

Alison Vallieres

Carter Higginbotham, Alternate

Bruce Vaal, Building Inspector

 

The Chairman verified with the Secretary that the public notices had been posted in three public places within the Town and publishing in the Concord Monitor for one day. 

 

7:00 p.m. - PUBLIC HEARING - LOUIS FAUSTINI PROPOSED TWO LOT SUBDIVISION LOCATED ON BLACK BROOK ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

At this point, Louis Faustini appeared before the Board with the final plan showing the two lot subdivision. 

 

1. Mr. Faustini paid the $50 fee in cash for the processing of the subdivision.  Charles Graybill, Selectman, received the fee and a receipt was given Mr. Faustini.

 

2.  Mr. Faustini certified that that bounds had been set on the property in accordance with Planning Board regulations.

 

3.  Mr. Faustini noted there is an approved wetlands permit for the subdivision.

 

At this point in the meeting abutters were read as follows and noted all had been notified by certified mail:

 

Michael and Christine Soucy  - Present.  Asked if the two lots were being sold now.  Asked if there would be any further subdivision. 

 

Mr. Faustini stated one lot was being sold now and yes, there would be further subdivision of the property in the future. 

 

Norman/Judith Ward - Not Present

Paul Cuda/Marsha Richmond - Not Present

Anita Gardner Melendy/Forest Melendy - Not Present

Richard/Marlene Kincaid - Not Present

David/Christina Labrie - Not Present

E. Swindlehurst Revocable Trust - Not Present

Thomas Burack - Not Present

Paul/Judith Turgeon - Not Present

Story Heirs, c/o George Doucet - Not Present

Joseph/Victoria Kelly - Not Present

 

The Chairman asked the Building Inspector if he had any concerns regarding the subdivision and the Building Inspector stated that he had no concerns

 

At this point, the public hearing was closed.

 

7:15 p.m. - PUBLIC HEARING - JEANNINE DESRUISSEAUX AND KIMBERLY DEMETRY PROPOSED LOT LINE ADJUSTMENT LOCATED ON KAREN ROAD AT GORHAM POND IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Jacques Belanger, Surveyor, appeared before the Board with a final plan showing the lot line adjustment and how it affected both lots. 

 

He stated that this problem had been brought to light because of an encroachment of additions to a garage onto the property line.  This lot line adjustment will resolve the issue.  It consists of adjusting the boundary line between the two properties by 3 feet on the west boundary (Gorham Pond side) and 2 feet on the east boundary.  This will allow for a 1.5 foot clearance and allows for a fence to be put between the two lots.

 

Abutters were read as follows and noted all had been notified by certified mail:

 

Sandra Czarnosz/Terry Johnson - Not Present

Louis Deberio, Jr. - Not Present

Martin/Florence Cicatelli - Not Present

Cindy/Christian Bradeen - Not Present

Alphonse/Mary Binda - Not Present

 

At this point in the public hearing, Jacques Belanger, Surveyor stated that the bounds had now been set.

 

There being no further discussion, the public hearing was closed.

 

7:30 p.m. - PUBLIC HEARING - MICHEL BELANGER PROPOSED FOUR LOT SUBDIVISION LOCATED OFF OLD HOPKINTON ROAD AND NEW ROAD IN THE MOBILE HOME DISTRICT IN DUNBARTON, NH

 

Jacques Belanger, Surveyor, appeared before the Board on behalf of Michel Belanger.  He stated that the proposed subdivision was back to four lots because the Soils Scientist had determined the area in question was NOT a wetlands area.  This would allow for the fourth lot. 

 

Jacques stated there would a L turnaround instead of a  Y turnaround.

 

The size of the lots would be as follows:

 

A.  5.2 acres

B.  5.82 acres

C.  5.31 acres

D.  5.22 acres

 

Jacques stated that there will be a concrete culvert to access Lot A,  i.e. a 24" culvert, 15" and 18" culverts with 3 ½ feet of cover. 

 

Jacques stated that they will need a Site Specific and a Dredge and Fill Permit from the State.

 

There will be 2,300 feet of road with a 49.5 foot right of way with L turnaround. 

 

The Board asked if the water table rises, who will maintain the flow of water.  Jacques stated it was free flowing water and probably the Town would be responsible.

 

Jacques noted that Don Mayo has reviewed the road issue once but will be contacted again. Don Mayo’s concerns were there were no shoulders on Old Hopkinton Road. 

 

Ken Swayze asked about what improvements were planned to the entrance road. 

 

Jacques stated this would be up to the Selectmen to determine. 

 

There were no written comments from the Road Agent.  Only that in the past he has indicated he did not want an L type turn for snow removal and plowing. 

 

James Marcou asked if New Road were closed.  It was noted that New Road is a Class VI road and is not a maintained road. 

 

Ken Swayze if there were any safety access measures that could be considered.  The existing ordinance provides for 24 foot of pavement on roads. 

 

Michel Belanger - Stated that Old Hopkinton Road is a 20 foot wide paved road.  He stated there is no way you could make Old Hopkinton Road any wider than what is presently is because of stone walls, etc.

 

The Board expressed concerns because there are no shoulders on Old Hopkinton Road. 

 

The Board noted there will be a onsite review with Don Mayo, Planning Board, Road Agent. Building Inspector, Selectmen, Fire Chief, etc. 

 

Abutters were read as follows and noted all had been notified by certified mail:

 

Charles/Jane Peitras - Not Present

Richard Rothford - Not Present

John/Laila McCarte - Present, no questions.

Dean/Deborah Jore - Not Present

Laura Shultz - Not Present

Patrick/Bonnie Payette - Not Present

Sherwood Prescott - Not Present

Meadowsend Timberlands - Not Present

Town of Hopkinton - Not Present

Town of Dunbarton - Not Present

 

Bruce Vaal, Building Inspector, asked how many houses are access by Old Hopkinton Road when you add these.

 

The answer was 22 houses including these additional four.

 

He stated there was no shoulders on the road and this is a concern for fire access. 

 

Driveways will be address by the Road Agent.

 

John Murphy - Stated he came to the last meeting re condos.  Now we have four lots instead of the condos.                 

At this point, Jacques explained that because the wetlands had originally been mapped with snow cover,

they did not think they would be able to put in the fourth lot.  Once the wetlands had been mapped without snow cover, it was determined that the area in question was not a wetland, they were able to put in the fourth lot, thereby the change.  In addition, the Zoning Ordinance does not provide for condos in this particular district in Dunbarton. 

 

Mr. Murphy asked why the beaver pond was drained.  He was told it was against the law to drain a beaver pond.  Jacques stated he did not drain it and didn’t know.

 

Mr. Murphy stated that when he purchased his land he was told by Burchell the Realtor that he was the last house.  This was part of the reason he purchased the lot. 

 

James Marcou stated that the public safety issues will be written to the Selectmen and Road Agent.

 

Larry Cook - Looked at plan.  Stated he was concerned about the traffic on the road.  Originally he didn’t want Old Hopkinton Road paved because speeding increased, etc.  Concerned about wetlands.  Prefer to not see the road upgraded.  Would like to see Old Hopkinton Road stay the way it is.  Don’t want to see it wider.  Stone walls would be impacted.  Would really like to see the Planning Board and Selectmen put a limot on development of dead end roads.  I was upset when the road got paved. 

 

Charles Graybill noted that as Selectman he had written a letter to both the Police Department and the Fire Department with these concerns, and there had been no response from either. 

 

Lisa Martini - Asked if the wetlands issues can be disapproved by the State. 

 

The Board noted that all approvals are contingent on getting wetlands approvals from the State. 

 

John Murphy - Asked how you fill a swamp. 

 

Jacques Belanger - Stated there was buildable land where the houses will be built on the property.  He would assume that the area would be “mucked out”, filled with gravel from the adjacent lot of the owner, etc.  

 

John Murphy asked what happens when the gravel pit is empty.  More development?

 

The Chairman pointed out that the road project will be bonded to assure that it is built to town specs.

 

There being no further discussion, the public hearing was closed.

 

7:45 p.m. - PUBLIC HEARING - IN ACCORDANCE WITH RSA 675:7 TO INCORPORATE THE APPROVED FLOOD PLAIN REGULATIONS AS VOTED BY THE TOWN RESIDENTS AT THE 2000 TOWN MEETING INTO THE PLANNING AND ZONING REGULATIONS AND ALSO TO REVISE THE CURRENT SUBDIVISION AND BOUNDARY LINE ADJUSTMENT APPLICATION.

 

At this point in the meeting, it was voted by the Planning Board to move the public hearing to the next meeting based on the fact that members were not available to discuss the item. 

 

NEW BUSINESS:

 

8:00 p.m. - RECEIPT AND ACCEPTANCE BY THE DUNBARTON PLANNING BOARD OF THE FOLLOWING APPLICATIONS:

 

ROBERT PERRY RECEIPT OF APPLICATION FOR CONVERTING EXISTING MULTI-FAMILY HOUSING TO CONDOMINIUMS LOCATED ON TWIST HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

At this point in the meeting, Robert Perry stepped down from the Board.

 

Jacques Belanger, Surveyor and Robert Perry appeared before the Board to explain the proposal.

 

James Marcou stated that he had received a communication from the Town Attorney regarding the way for the Planning Board to handle this request.  In essence, it is a formality for a conversion of use from a multi-family unit to a condo unit.  There is no change in the footprint of the building or acreage, etc. 

 

At this point in the meeting, Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application from Robert Perry for a conversion from multi-family unit to a condominium unit on property located on Lot D6-5-4 located on Twist Hill Road in the Low Density District in Dunbarton, NH

 

The motion was seconded and passed unanimously.

 

A motion was also made that the Planning Board act on this application this evening.  The motion was seconded and passed unanimously.

 

The Planning Board noted that the scrutiny of this project was out of the bounds of the Planning Board.

 

It was pointed out that the Building Inspector would make an inspection and because the unit was now a non-conforming use, he would make certain recommendations to make sure it was in conformance before an occupancy permit would be issued to the new owners. 

 

The Planning Board’s responsibility is only to change to word Multi-family to condominium. 

 

Carter Higginbotham noted there were two wells shown on the plan, one of which is no longer being used.  Asked if the owners decide to use this well, is this permitted.  The Board noted a well release form would probably be required but it would be up to the new owners.  Robert Perry stated the well has been abandoned by the State. 

 

The list of abutters was read as follows and noted all had been notified by certified mail:

 

William and Jean Link - Not Present

Clifford/Alina Gillespie - Not Present

Michael/Kathy Leighton - Not Present

Rudolf/Elizabeth Vallauri - Present, asked when this change occurs, who will be responsible for the upkeep of the property.  Also asked if the driveway would be moved down the road.

 

It was pointed out that the members of the condo association would be responsible for the grounds and upkeep.  At this point, Robert Perry stated that the driveway had just been paved and it would not be moved.

 

Wheeler Family Trust - Not Present

Ronald/Barbara Wanner - Present, stated she had many concerns about the safety of the building.  It may

or may not meet the present code.  Stated that there were actually three wells drilled on the property.  She stated that one of the septic systems had overflowed and there is presently only one septic system on the property.  She stated that children were playing in the “stuff” at one point. 

 

The Board pointed out that the condo association would be responsible for keeping up of the grounds. 

 

She asked what happens if they don’t.  The Board noted it would be the same situation with an individual property owner. 

 

Mrs. Wanner asked if the four apartments would have to meet the existing code before it could be converted to condos.  It was noted that because the use is changing, she would imagine they would have to meet new codes.  She stated the units have had made alterations in the past.  Stated there was bedrooms in the cellar, etc. 

 

Bruce Vaal, Building Inspector, noted that he would need to discuss the situation with the Town Attorney. 

With regard to public safety issues, she stated that people had been stuck in the driveway in winters past. 

 

The Board indicated the four owners would have a vested interest in the property.  It would be in their own benefit to keep the property “pristine”. 

 

Mrs. Wanner asked about whether the abandoned well which is not presently being used could be used in the future.  The Board indicated it was a “grandfathered” well as to setbacks and if the condo association decided to use the well in the future for irrigation or personal use, they would be allowed. 

 

Mrs. Wanner asked if the boundary had been flagged.  Jacques stated he had put stakes at the corners but no flagging along the boundary. 

 

The Board noted the lot does not have to be resurveyed.  They have to meet the same standards as previously re cars, campers,etc.

 

Kenneth Swayze noted that they should visit the Selectmen with any concerns . 

 

Judith Pike - Not Present

Alice Wheeler - Not Present

Town of Bow - Not Present

 

At this point in the meeting, the public meeting was closed for the Robert Perry Application.

 

8:30 p.m. - RICHARD EWANS RECEIPT OF APPLICATION FOR TWO LOT SUBDIVISION LOCATED ON COUNTY ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Robert Perry stepped back on the Board

 

At this point in the discussion, Kenneth Swayze noted that he had reviewed the application and found it deficient in the following points:

 

1.  Existing septic location and well needs to be shown.

2.  Proposed septic location (4,000 sq.ft. Area) needs to be shown.

3.  Well radius needs to be shown.

4.  Proposed/possible driveways to be shown.

5.  Discrepancy in contour labeling noted.

6.  Zoning requirements need to be defined;

Total lot frontage not shown or scheduled.

7.  New and/or intended monumentation not noted.

8.  8.5" widening strip” easement vs. deed?

9.  Soil delineation not clear (no lines)

10. Scale conflict.

 

Based on the above, Kenneth Swayze made a motion not to accept the application from Richard Ewans for a Two Lot sbudivision located on County Road in the Low Density District in Dunbarton, NH.  James Marcou seconded the motion and it passed unanimously.

 

DECISIONS

 

A motion was made by Kenneth Swayze, seconded by Charles Graybill, that the Dunbarton Planning Board approve the proposed two lot subdivision as submitted by Louis Faustini of Lot B4-5-9 located on Black Brook Road in the Low Density District in Dunbarton, NH.  The motion passed unanimously.

 

A motion was made by Kenneth Swayze, seconded by Charles Graybill, that the Dunbarton Planning Board approve the proposed Lot Line Adjustment between Jeannine Desruiseauc and Kimberly Demetry (Lots K1-7-2 & 3) as presented located on 21 and 23 Karen Road in the Low Density District in Dunbarton, NH.  The motion passed unanimously.

 

Michel Belanger Proposed Four Lot Subdivision

 

A motion was made by Kenneth Swayze, seconded by Charles Graybill, that the Dunbarton Planning Board request a 60 day extension on the Michel Belanger Proposed Four Lot Subdivision and further that they schedule an onsite visit to include the Selectmen, Building Inspector, Fire and Police Department, Road Agent, Don Mayo, Town Engineer and the Planning Board Members.   The motion passed unanimously.

 

Robert Perry Change of Use

 

At this point in the meeting, Robert Perry again stepped down from the Board.

 

A motion was made by Kenneth Swayze, seconded by Charles Graybill, that the Dunbarton Planning Board approve the change of use from Robert Perry on Lot D6-5-4 located on Twist Hill Road from the current four apartments to four condominium units subject to the requirements as laid out by Town Counsel.  The motion passed unanimously.  (See attached letter from Town Counsel)

 

OTHER BUSINESS

 

Rachel Poulin asked the Board for the procedure to apply to the Planning Board for a subdivision.  She was advised to go to the Town Office and obtain a copy of the most recent regulations.  In addition, she stated she had hired Jacques Belanger, Surveyor.  The Board noted that he was aware of the requirements for subdivision.

 

There being no further business, the meeting adjourned at 9:15 p.m.

 

Respectfully submitted,

 

Alison R. Vallieres, Secretary