DUNBARTON PLANNING BOARD

WEDNESDAY, MAY 16, 2001

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

                Greta Brandt

                George Holt

                Michael Poirier, Alternate

                Carter Higginbotham, Alternate

                Charles Graybill, Selectman

 

                Bruce Vaal, Building Inspector

 

The Chairman verified with the Secretary that the meeting had been posted in a timely fashion in three places throughout the Town and published in the Concord Monitor for one day.

 

At this point in the meeting, Kenneth Swayze noted that the previous month’s minutes of Wednesday, April 18, 2001 were incomplete and should be amended as follows to include more detail of subject discussed:

 

1.       Paragraph #3 (Coleman and Drobat property), the notes should state as follows:

 

“The Coleman and Drobat Property  Administrative Order from DES regarding the hazardous material put down on the easement was discussed.   The applicant has appealed the order.  Looking for a “stay “ of the order until they act on the DES appeal.   It was also brought to the attention of the Planning Board by George Holt that the Conservation Commission was appealing the decision to leave the material in place”.

 

2.       Paragraph #4 (Jacques Belanger reported in 1994, mylar never got recorded), the notes should    

state as follows:

 

“Jacques Belanger reported that in 1994 a mylar for the Lot Line Adjustment/Boundary Line Agreement between Michel Belanger and Robert and Joyce Ray was never recorded.  Jacques Belanger will obtain another copy and present it to the Planning Board for signature.”

 

A motion was made by Kenneth Swayze, seconded by George Holt that the minutes of the previous meeting of Wednesday, April 18, 2001 be accepted with the above corrections.  The motion passed unanimously.

 

RECEIPT OF NEW APPLICATION BY THE DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:

 

DUNBARTON CONGREGATIONAL CHURCH LOT LINE ADJUSTMENT AND VOLUNTARY MERGER OF LOTS E3-2-25, 25a AND 25b LOCATED ON STARK HIGHWAY IN THE VILLAGE DISTRICT OF DUNBARTON, NH

 

At this point in the meeting, Kenneth Swayze noted that the applicant had requested this application be accepted and acted upon at the same meeting of the Planning Board because it had been on the agenda several months previously, and there were minimal changes since that time.

MOTION:

 

Based on the above, George Holt made a motion that the Dunbarton Planning Board accept the application from the Dunbarton Congregation Church for a Lot Line Adjustment and Voluntary Merger of Lots E3-2-25, 25a and 25b as presented this evening.  The motion was seconded by Charles Graybill.  The motion passed unanimously. 

 

It was noted by the Secretary that all abutters had been notified for several months in the past in addition to this meeting. 

 

The Secretary noted that the Dunbarton Zoning Board of Adjustment had granted a Variance for location of the well within the 75 foot setback lin with conditions that the requirements of New Hampshire Code of Administrative Rules We 602.05 be met, that the culvert be extended beyond the well and a copy of the signed non-conforming well location release form be recorded with the approval. 

 

Jacques Belanger reported that he had included all the above conditions on the final plan. 

 

Jacques Belanger, Surveyor and representative for the Church, stated that the church owns three properties; the church, vestry and parsonage.  Land for the parsonage was obtained and built in 1945.  The church would like to move the lot line between the vestry and the parsonage to the north and sell the parsonage as a separate residence.   The parsonage would then be on a new lot and sold as a single family residence.   The line between the church and the vestry will be removed thus the church and the vestry would then be on one parcel of land.  

 

It was noted that there was an easement across the property for the Town Offices sewer.  In addition, there is an 15’ right of way access easement across for Abram property.  Jacques stated the “client or purchaser of the parsonage” will concede to the easement for the Town sewer, etc.

 

At this point in the meeting, the Public Hearing was opened.

 

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

 

John R. Swindlehurst Revocable Trust – Not Present

James Young – Not Present

Richard/Heidi Snook – Not Present

James Colbath, Trustee, James Colbath Revocable Trust – Not Present

Dorothy/Sam Abram – Not Present

Town of Dunbarton – Selectman present

 

There being no public comment or discussion, the public hearing was closed.

 

INFORMAL DISCUSSION:

 

The Board noted that any discussion regarding this request was advisory only and was a general discussion because this had not appeared on the agenda and no notification of abutters had occurred.

 

Robert Todd, Surveyor, appeared before the Board on behalf of Diane Neer.  He stated they were looking for the requirements to subdivide a large parcel into two lots with less than the required frontage.  He stated the lot had a total of 63 acres with 400 feet of frontage.  She would like to subdivide off 6.8 acres for her daughter. 

 

The Secretary explained they had been before the Dunbarton Zoning Board of Adjustment seeking a Variance for lack of frontage and had been denied the Variance.  They had been advised to go to the Dunbarton Planning Board to find out what improvements had to be made to Old Whipple Road to qualify as frontage thus meeting the 300 feet of required frontage for subdivision. 

 

Robert Todd stated that Old Whipple Road was a private right of way laid out in 1876.  Private rights had been conveyed to owners in the rear for access including the Town.  It was established that Diane Neer owns the land “under” the easement. 

 

Robert Todd noted that in order to obtain the necessary 300 feet of frontage would require upgrading of 195 feet of road. 

 

Kenneth Swayze stated that the Dunbarton Planning Board requires certain road standards and they are within the regulations and must be adhered to.  The only item which might be negotiable is the paving requirement and this might be addressed by posting a bond or seeking a Variance from the requirement for paving from the Dunbarton Zoning Board of Adjustment. 

 

Mr. Todd was advised to seek the advice of the Town Road Agent along with the Planning Board with regard to the access, turn around requirements and sight distances onto Long Pond Road.  The Planning Board will do a site walk and at that time will look at the access. 

 

Mr. Todd asked about the Board’s policy with regard to viewing test pits. 

 

Kenneth Swayze noted that Planning Board now does site walks and test pit observations if they are available for viewing at the same time. 

 

George Holt asked if there were any wetlands on the property.  Mr. Todd stated they was not.

 

Chuck Graybill noted there might be trees that have to be cut for sight distance, etc. 

 

Mr. Todd was advised that he should address all waiver issues necessary in the original application.

 

James Marcou noted that he looks at this road as “down the road being an access road for other future subdivisions ” and if the entrance is not done correctly, then the Town has to pay to do it right in the future.  The Board is trying to avoid this type of situation. 

 

The Board noted that no building permits will be issued until the work on the road is complete and accepted by the Town.  It was noted that the Selectmen have the authority to accept roads as Town roads and it does not have to voted on at Town Meeting. 

 

The Board indicated that 200’ is not a long road to be constructed.  The applicant should realize that in many cases, developers are required to upgrade the road up to the driveway of the lot.  This is not the case here.  The Board will require that the road be constructed properly which is 24’ wide, etc. 

 

Chuck Graybill indicated there could be improvements necessary for the Town Road. 

 

Mr. Todd will file the appropriate subdivision application with the Town.

 

NEW BUSINESS:

 

Thomas Giovagnoli and Mike Bergeron appeared before the Board.  Tom Giovagnoli is  the new owner of the former Godbout property  on Twist Hill Road. 

 

The lot is a large lot with only 430 feet of frontage.  It was determined that they will need 170 feet more in order to be able to subdivide off one lot. 

 

Mr. Giovagnoli stated that Mike Bergeron was his business partner and it would be much more convenient to have him living next door. 

 

Mr. Geovagnoli was advised that this was the exact same situation as the previous discussion of the Diane Neer lot.  They will need to bring the 170 feet up to Town Road standards to qualify as frontage. 

 

                Mr. Giovagnoli will file an application for the next meeting.

 

OTHER BUSINESS:

 

MOTION:

 

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the Dunbarton Congregational Church Lot Line Adjustment and Voluntary Merger of Lots E3-2-25, 25A and 25B located on Stark Highway in the Village District of Dunbarton, NH with the conditions of New Hampshire Code of Administrative Rules We 602.05 be met and that an easement be granted to the Town of Dunbarton for a septic line. 

 

Alison Vallieres seconded the motion.  The motion passed unanimously.

 

ELECTION OF OFFICERS:

 

Alison Vallieres made a motion that James Marcou be elected Chairman.  The motion was seconded and passed unanimously.

 

James Marcou made a motion that Alison Vallieres be elected Secretary.  The motion was seconded and passed unanimously.

 

James Marcou made a motion that Kenneth Swayze be elected Co-Chairman.  The motion was seconded and passed unanimously.

 

There being no further business, the meeting adjourned at 8:45 p.m.

 

                                                                                                                                Respectfully submitted,

 

                                                                                                                                Alison R. Vallieres, Secretary