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DUNBARTON
PLANNING BOARD WEDNESDAY,
JULY 18, 2001 TOWN
OFFICES – 7:00 P.M. The Dunbarton Planning Board held its regular monthly meeting 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 R. Vallieres, Secretary
George Holt
Carter Higginbotham
Charles Graybill, Selectman
Michael Poirier, Alternate
Bruce Vaal, Building Inspector The
Chairman verified with the Secretary that the meeting
had been posted in a timely fashion at three places
throughout the Town and that it had been published in
the Concord Monitor for one day. Approval
of previous meeting minutes: Kenneth Swayze noted corrections on page 4 of the minutes, paragraph 9, stating as follows: 1.
“The
applicant indicated he would like to get this approved
in one phase” should be corrected to indicate that
“The applicant would like to get the subdivision
approved in its entirety but would consider phasing. 2.
With regard to the site walk scheduled for
Friday, June 29, 2001, this site walk was scheduled for
the Giovagnoli/VandeBogart/Glannon
Proposed Lot Line Adjustment and not the
VanDeBogart Subdivision as noted in the minutes. With
these above corrections, the minutes of Wednesday, June
20, 2001 were approved as corrected.
The first item on the agenda, Proposed Lot line Adjustment between Thomas J. Giovagnoli/Jan VanDebogart/David Glannon was postponed for fifteen minutes because the applicant was not yet present. 7:15 p.m. – PUBLIC HEARING - PROPOSED JAN VANDEBOGART ELEVEN (11) LOT SUBDIVISION LOCATED ON MONTELONA ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH Jacques
Belanger, Surveyor, appeared before the Board on behalf
of the applicant. The
applicant was also present.
Jacques
Belanger presented a revised plan showing two
construction phases, Phase I and Phase II.
He noted he had changed the strip to be conveyed
to Giovagnoli to ten feet wide.
He submitted drainage calculation and completed
road plans to the Board.
The
Board discussed miscellaneous possibilities of phasing
with the applicant.
The applicant will consider options and make his
decision before the next meeting..
It
was noted by the Board that the building of the fire
pond will be included in Phase I because the three lots
previously subdivided are considered in the count for
the fire pond. The
fire pond will be built to standards set by the Fire
Chief. Carter
Higginbotham asked the applicant how he would get to the
fire pond in the winter.
The Board noted the access road should be built
to Class V standards because they need access to the
fire pond. The
Board indicated the applicant should get a letter from
the Fire Department regarding the required design for
the fire pond or have the Fire Chief initial the final
design of the proposed fire pond.
The
Board asked if the applicant had any questions regarding
the building permits,
phasing process and bonding of the road.
The Board noted that Old Fort Estates Road had
been built all at once.
It
was noted that the applicant will be building his own
house on the large tract without having to put in the
road. Road
plans will be submitted to Don Mayo. Phasing
plans were discussed with the applicant.
The applicant stated that he needs to build the
first eight in the first phase (which includes the
previous three lots) in order to pay for the road.
The applicant was advised to think about the
phasing and how it will be done before the next meeting.
The
applicant stated that he felt the first three lots of
the subdivision should not even be considered a part of
this subdivision because that was a Court issue.
George
Holt stated the Conservation Commission had done a site
walk and the proposed subdivision as presented has the
least impact on the wetlands.
Abutters were read as follows and noted all had been notified by certified mail: David and Deborah Reilly – Not Present Nassikas Inc. C/O Mrs. John Nassikas – Not Present Joseph/Diane Richard – Not Present Baillargeon Family Trust – Not Present Linda VandeBogart – Not Present David Glannon – Not Present Thomas Giovagnoli – Present, no comments. Karen/Stephen Elasser – Present, no comments. Brilaw LLC – Not Present J. E.
Belanger Surveying – Present. It
was noted that the Board should schedule a site walk of
the property before the next meeting.
Site walk scheduled for Tuesday, August 7, 2001 at 6:00 p.m. The Board noted they would agree to a random sampling of test pits. There
being no further comments from the public, the public
hearing was closed.
7:00 p.m. – PUBLIC HEARING – PROPOSED LOT LINE ADJUSTMENT BETWEEN THOMAS J. GIOVAGNOLI/JAN VANDEBOGART/DAVID GLANNON ON MORSE ROAD AND TWIST HILL ROAD AND SUBSEQUENT TWO LOT SUBDIVISION OF THOMAS J. GIOVAGNOLI PROPERTY LOCATED ON TWIST HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH Jacques
Belanger, Surveyor, appeared before the Board with the
final plan showing the proposed Lot Line Adjustment and
Subsequent Subdivision.
The applicant, Thomas Giovagnoli was present.
Jacques
stated that the proposal was breaking off a five acre
lot from Giovagnoli which includes additional frontage
from Glannon on Morse Road which included with the
Giovagnoli frontage meets the 300 foot requirement.
The two frontages are adjoined together by a ten
foot wide strip of land
which was purchased from Glannon and VanDeBogart.
Bruce Vaal, Building Inspector – Asked if there
was any plans for the remaining parcel.
It was indicated that not at this time.
At this point in the meeting, George Holt stated
he was opposed to this for the following reasons: 1.
The strip which adjoins the two parcels for
frontage is just as Bob Perry said last meeting, it Will
cause havoc down the line.
Will annoy whoever is living there.
2.
Main argument is that it doesn’t meet our
zoning regulations.
This should not be
approved. 3.
Stated the zoning ordinance definition of
frontage does not mean frontage that is not continuous.
At this point in the meeting, Bruce Vaal asked
the applicant if he would consider putting a limitation
on the remaining acreage.
The applicant stated he would not. George
Holt – Asked the applicant if he had approached his
abutters to purchase additional frontage.
The applicant stated there was none available.
At this point in the meeting, Charles Graybill stated that he would be stepping down from this Lot Line Adjustment and the VanDeBogart Subdivision because the applicants both work for him in the Town Office. Michael Poirier stated he would be stepping down also because he will be involved in construction re the VanDeBogart property. The
Chairman noted the following members would be voting on
this Lot Line Adjustment and Subdivision: James Marcou, Chairman Alison Vallieres Kenneth Swayze George Holt Carter Higginbotham At
this point in the discussion, Carter Higginbotham stated
that he tends to agree with George Holt.
This is not
“pretty” and does not meet the intent of the
regulations that have been set down and what happens in
the court I don’t feel we can stop.
Regulations need to be clarified in the future.
George
Holt – Stated that every subdivision is a “separate
animal”. Each
one has different facets. Charles
Graybill, Selectman,
noted that precident has been set in the past via
the Trexler subdivision, VanDeBogart and others where
frontage has not been continuous.
This was established via Town Counsel, etc. At
this point, Kenneth Swayze read the RSA definition of
frontage to the Board.
George Holt noted that the Town can supercede the
State definition. It
was noted for the record that the applicant had come to
the Planning Board and asked for advice as how to
proceed. He
proceeded on the advice of the Planning Board.
Abutters
were read as follows and noted all had been notified by
certified mail: Wayne/Jane Chmiel C/O Leo Chmiel
– Present, no comment. Nancy/Robert LeBlanc – Present.
Stated they sold the farm to Giovagnoli.
They wanted to
subdivide but were told there was no way they
could because of lack of frontage.
It was supposed to remain as a farm and no
further subdivision.
At
this point, the Board asked if there was any deed
restrictions or conditions on the property.
It was indicated there was no restrictions when
sold to Giovagnoli. Asked
if they were going to put a driveway on Twist Hill Road.
It
was noted that the driveway will be put on the plan.
At
this point in the discussion, the Board noted that the
applicant had purchased additional frontage on Morse
Road to qualify for the frontage requirement and the
proposed subdivision has two lots, each with 300 feet of
frontage. Barbara Anderson Revocable Trust
– Present. Stated he had a question about the
remainder of the farm.
The
Board indicated that in order to further subdivide, they
would have to put in a road to Town standards to create
frontage, etc. Karen and Stephen Elasser
– Present, stated
the ten foot wide strip can be widened later down the
road by adding to it, etc.
Could be used as an access for off road vehicles
and snowmobiles. The
intent of the strip is to add frontage to qualify for
the 300 foot frontage requirement.
The
Board noted there could be a condition added to the plan
which states “No further addition or change in the ten
foot strip which adjoins the parcels
and the parcel on Morse Road cannot be used as a
building lot, etc. “ The
Board noted that nothing has changed.
The land can be used by the present owners in the
same way. Asked
what the applicants plan to do with the property in the
future. The
Board indicated they don’t have the right to restrict
future development.
Karen
Elasser stated that the road is dangerous.
This is not common sense that frontage could
qualify on another road.
Stephen L. Markievitz
– Not Present Daniel and Monique Roux
– Not Present Joseph Milano/Linda Aumand
– Not Present Wheeler Family Trust
– Not Present Linda VandeBogart
– Not Present Jan VandeBogart
– Present, stated
that all the things people are talking about now will be
thrown out the window in the future.
There will be two and three acre lot sizes, and
more and more building.
You can’t stop people from building on their
property. Every
one of us wants to give land to our children.
Roads are going to be straightened.
No one wants this to happen but it will.
George Holt
– Stated the reason we have a zoning ordinance is
because people like it this way.
When you have 50% of the Town rural, you want to
keep it that way. More
hopeful that we will not see highways and byways.
Dennis Baillargeon 2000 Family
Trust – Not Present Joseph Lukska
– Not Present David Glannon
– Not Present Nathan Narus
– Present, stated that he disagrees with the whole
thing. Don’t
understand how someone can buy a piece of property and
add frontage. The
thing is crazy. The
Board explained that this was an option that the
applicant chose instead of building a road to create
frontage. Narus
asked if the land on Morse Road
could ever be built upon.
The Board noted there would be conditions on the
plan stating the parcel
on Morse Road could not be built upon in the
future. At
this point, Karen Elasser
asked if they could request that a condition be put on
the plan that the ten foot strip can never be added to
another parcel to create a larger area capable of
building a road or otherwise.
The Board indicated this would be an option open
to the Board. Stuart/Marjorie Readio
– Not Present Robert and Dorothy Perry
– Not Present Martha/Anthony
Belanger –
Not Present BRILAW
– Not Present David and Deborah Reilly
– Not Present Nassikas Inc. C/O Mrs. John
Nassikas – Not
Present Joseph and Diane Richard
– Not Present Baillargeon Family Trust
– Not Present At
this point in the meeting, Leo Chmiel
stated he would like to make a comment as follows: Stated
the new lot will have seven acres with a private drive.
With additional
land, someday in the future he
may want to develop further.
Barbara Anderson Trust
– Asked what the width requirements would be for a
Town Road. The
Board indicated a road to Town Standards would have to
be 50 feet wide. Nathan Narus
– Stated they should have exhausted everything before
they split up the lots. Bruce Vaal, Building Inspector
– Asked why they did not require the applicant to
build a road to Town standards and include it as
frontage instead of this configuration.
Jan VandeBogart
– Asked if they were trying to stop people from
building in this Town.
There
being no further comments from the public, the public
hearing was closed. 7:30 p.m. – PUBLIC HEARING - PROPOSED TOM AND CAROL HOGAN TWO LOT SUBDIVISION LOCATED ON ROBERT ROGERS ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH It
was noted for the record that the Board now had the full
Board as voting members.
Charles Graybill and Michael Poirier stepped back
on the Board. Jacques
Belanger, Surveyor, appeared before the Board and stated
that the plan had not changed since the first
presentation last meeting.
He stated he had included a 15 foot easement
along the frontage for road maintenance and
improvements. The
wetlands were mapped by Peter Schauer. At
this point in the discussion, George Holt suggested that
the applicant agree to a voluntary limit of cutting of
vegetation of 50% of the basal area 75 feet from the
wetlands on the property similar to the Shoreline
Protection Act. Stated
it was a nice lot.
Driveway was okay and the sight distance was
fine. Was a
fairly steep lot. Possibility
of taking of the land for road maintenance on the
corner. Abutters were read as follows and noted all had been notified by certified mail: Thomas and Eleanor Watts – Present, stated he was concerned about the wetland area down there. Lot of wetlands and brook that runs through it. Not sure the drainage is alright. George Holt – Stated that test pits were not done last week on the site walk. Jacques
Belanger stated that Morris Foote had done the test pits
and the one on the easterly lot was 7 feet with
Gloucester Soil. The
wetlands have been mapped.
The applicant will not have to acquire any
wetlands permits. The
west lot test pit had no problems.
The Board noted that Gloucester Soil is a good
soil for drainage.
Timothy and Holly Twitchell
– Present, Stated there is a spring that runs under
the culvert on the east lot where the proposed septic
system is shown on the plan.
The Board noted the proposed septic system is ten
feet higher than the wetlands area.
Robert and Pamela Syms
– Not Present. Helen and Edward Knight
– Not Present. Jeffery/Melinda Spill
– Present. Stated
the driveway noted for the west lot appears to be
directly across from his existing driveway.
Asked where the driveway was in relation to his
driveway. Jacques Belanger
stated the proposed driveway is 70 feet from the corner.
Jeffery Spill
stated this could be a dangerous situation because he
plows his driveway and might be backing out, etc. when
the other driveway was being used.
Jacques
indicated they would slide the proposed driveway
location down away from the Spill driveway.
Mr. Spill
asked about the law.
It was noted that the total acreage is 10.94
acres and is being split into two five acre lots.
He asked if there has to be a certain amount of
buildable land on the lot.
The Board indicated that the State Subsurface
Regulation requires an area set aside for a house with a
4,000 septic area with a 75 foot well radius.
Mr. Spill
stated the driveway is his main concern. James and Jacqueline Michaud
– Not Present. Daniel/Johanne Ducheane
– Not Present. Sent
letter for the record.
(attached) Richard Ewans
– Not Present Richard and Colleen Lalumiere
– Present, stated
his concerns had been pretty well hashed over.
John Thalheimer
– Not Present. At
this point in the meeting, the Board asked Jan
VandeBogart how far back on the side of the road he
would like to see set aside for road maintenance and
repairs. He
noted that he would need as much as possible.
At this point, it was decided that a 20 foot
slope easement along the entire frontage of the two lots
would be sufficient.
There
being no further comment from the public, the public
hearing was closed. DECISION – PROPOSED LOT LINE ADJUSTMENT BETWEEN THOMAS J. GIOVAGNOLI/JAN VANDEBOGART/DAVID GLANNON ON MORSE ROAD AND TWIST HILL ROAD AND SUBSEQUENT TWO LOT SUBDIVISION OF THOMAS J. GIOVAGNOLI PROPERTY LOCATED ON TWIST HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH At this point in the meeting, the Chairman noted the following members would be voting on this issue: James Marcou, Chairman Kenneth Swayze Alison Vallieres George Holt Carter Higginbotham MOTION: A motion was made by George Holt that the Dunbarton Planning Board deny the Proposed Lot Line Adjustment Between Thomas J. Giovagnoli/Jan VanDeBogart/David Glannon on Morse Road and Twist Hill Road and Subsequent Two Lot Subdivision of Thomas J. Giovagnoli Property located on Twist Hill Road in the Low Density District in Dunbarton, NH (Lot D6-4-2) for the following reasons: 1. The application does not meet the spirit and intent of the Town of Dunbarton Zoning Ordinance and Subdivision regulations. 2. Does not meet frontage requirements specified in Article 2 – Definitions: Frontage, “Frontage shall be measured along the common boundary of the front lot line and public street right-of-way on a Class V or better road….Such measurement shall refer to a continuous line except where otherwise specified;” 3. Access restrictions on the Subdivision Plan do not reasonably control access along the 10 (ten) foot access strip. 4. The access strip provides an unnecessary and avoidable nuisance to abutting property owners by concentrating property use along the abutting property owners; and 5. Does not provide reasonable use of the 10 (ten) foot wide access strip of land. Carter Higginbotham seconded the motion. The motion passed by a majority vote as follows: Kenneth Swayze – Yes George Holt – Yes Carter Higginbotham – Yes Alison Vallieres – No DECISION – PROPOSED TOM AND CAROL HOGAN TWO LOT SUBDIVISION LOCATED ON ROBERT ROGERS ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH The Chairman noted the following members would be voting on this issue: James Marcou, Chairman Kenneth Swayze Alison Vallieres George Holt Charles Graybill MOTION: Kenneth Swayze made a motion that the Dunbarton Planning Board approve the Proposed Tom and Carol Hogan Two Lot Subdivision located on Robert Rogers Road in the Low Density District in Dunbarton, NH (E5-4-3) to include a 20 (twenty) foot slope easement for road construction and maintenance along the entire frontage of the property and to move the driveway 50 (fifty) feet east on the westerly lot. The motion was seconded by Charles Graybill. The motion passed by a majority with the following vote: Kenneth Swayze – Yes Alison Vallieres – Yes Charles Graybill – Yes George Holt – Abstained NEW BUSINESS: Jacques
Belanger, Surveyor, appeared before the Board and
presented a preliminary plan showing a proposed
three lot subdivision of the Richard Zylak
property on Ordway Road.
It was noted there is 1,100 feet of road frontage
on the property. Jacques
stated the road is a two rod road.
The
Board noted they should consider a slope easement for
road maintenance issues for the Town. There
being no further business, the meeting adjourned at
10:30 p.m.
Respectfully submitted,
Alison R. Vallieres
Secretary
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