Dunbarton, NH - August 15, 2001, Planning Board Minutes

DUNBARTON PLANNING BOARD

WEDNESDAY, AUGUST 15, 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

Carter Higginbotham

Michael Poirier, Alternate

Brian Nordle, Alternate

J. R. Swindlehurst, Selectmen’s Representative

Bruce Vaal, Building Inspector

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

The minutes of the previous meeting of Wednesday, July 18, 2001 were approved as corrected and amended with the following amendments:

1. Page 3, 13^th paragraph from the top stating as follows: “At this point in the discussion, Carter Higginbotham stated that he tends to agree with George Holt”. Carter Higginbotham stated that the following should be added to the sentence to read as follows: “At this point in the discussion, Carter Higginbotham stated that he tends to agree with George Holt on points two and three.”

2. Page 3, 16^th paragraph from the top stating as follows: “George Holt noted that the Town can supercede the State definition.” George Holt stated that the following should be added to the sentence to read as follows: “George Holt noted that the Town Zoning Ordinance can supercede the State definition”.

3. Page 3, 17^th paragraph from the top stating as follows: “It was noted for the record that the applicant had come to the Planning Board and asked for advice as how to proceed. George Holt stated that the following should be added to the sentence to read as follows: “It was noted for the record that the applicant had come to the Planning Board and asked for non-binding advice as how to proceed.”

4. Page 3, 6^th paragraph from the bottom stating as follows: “George Holt – Stated that every

subdivision is a “separate animal”. Each one has different facets.” George Holt stated that he did not make a statement re “separate animal” and it should be stricken from the record. At this point, Alison Vallieres, Secretary, stated that he did make that statement and it should remain in the minutes. George Holt conceded.

5. Page 4, 3^rd paragraph from the bottom stating as follows: “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.” George Holt stated that the paragraph should read as follows with an addition and taking out of one sentence to read as follows: “George Holt – Stated the reason we have a zoning ordinance is because the majority of people like it this way. More hopeful that we will not see highways and byways.”

6. Page 5, under Public Hearing – Proposed Tom and Carol Hogan Two Lot Subdivision Located on Robert Rogers Road in the Low Density District in Dunbarton, NH

Reference should be included within the minutes to read as follows: “The Board verified with Jacques Belanger that he had written authority to make presentation on behalf of the applicant”.

7. Page 7, last section re voting members for the Tom and Carol Hogan Proposed Subdivision should read as follows:

“The Chairman noted the following members would be voting on this issue:

James Marcou, Chairman

Kenneth Swayze

Alison Vallierres

George Holt

Charles Graybill

Carter Higginbotham

8. Page 8, 3^rd paragraph from the top re the motion for the Tom and Carol Hogan Proposed Subdivision should read as follows:

“The motion passed by a majority with the following vote:

Kenneth Swayze – Yes

Alison Vallieres – Yes

Charles Graybill – Yes

George Holt – Abstained

Carter Higginbotham – Yes”

9. Page 8, under New Business re the Richard Zylak Property on Ordway Road the following paragraph should be added to the minutes to be inserted after the first paragraph relating to the Zylak Discussion:

“The Board stated that the discussion was a non-binding informal discussion of the plan.”

PUBLIC HEARING – PROPOSED JAN VANDEBOGART ELEVEN (11) LOT SUBDIVISION LOCATED ON MONTELONA ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, James Marcou, Chairman stepped down from the Board because of road issues he has on Marcou Property that will be worked out with Jan VanDeBogart, Road Agent.

Kenneth Swayze took over as Chairman.

In addition, Michael Poirier, Alternate, stepped down from the Board because of a conflict of interest because he possibly will be building houses within the proposed subdivision.

Kenneth Swayze, Acting Chairman, stated the following members would be voting on the proposed VanDeBogart Subdivision:

Kenneth Swayze

Alison Vallieres

Greta Brandt

Carter Higginbotham

George Holt

Brian Nordle

Kenneth Swayze, Acting Chairman, noted there were “housekeeping” items which needed to be submitted from the previous meeting as follows:

Test pit logs should appear on the plan.

Jacques Belanger, Surveyor, stated the test pits had been done and the data was available and will be put on plan.

Road Engineering prints – To be reviewed by Don Mayo. Letter has been received by the Town as of August 15. (attached).

Fire Pond Status with method of construction in letter from applicant.

Letter from the applicant on phasing.

Phasing on building permits

Procedure for road inspections and inspections by Town Engineer

At this point, Jacques Belanger, Surveyor, presented an updated plan of the proposed subdivision.

It was noted that the applicant would like to consider sprinkler systems within houses instead of putting in a fire pond or cistern. Based on this information, Jon Wiggin, Fire Chief, appeared before the Board on behalf of the applicant. He stated that he had checked with many surrounding towns and they have waived cistern/fire pond requirements in place of sprinkler systems. The only down side is that the Town has no way of following up and monitoring the sprinkler systems to make sure that are operating. In addition, there is no cistern/fire pond available for fires that occur in garage, sheds or barns or other out buildings. He stated the cost is computed by square foot and averages between $3,000 - $6,000 per house. In addition, the Town needs to amend the regulations to include the sprinkler system as an option instead of fire ponds/cisterns, prior to this being done by the applicant.

The Board noted that this would cause a time problem for the applicant because he wanted to proceed with his subdivision. There would be at least a two month delay to allow for the enactment of the regulation change, etc.

George Holt expressed a concern re sprinklers because the cistern/fire ponds were for the community good and neighbors in the area would not have a water source for their homes in case of fire.

Jon Wiggin, Fire Chief, stated the Fire Department is happy with either the fire pond/cistern or the sprinkler system.

Question was asked if the applicant decided to go with a tank first, could he put in a tank which was smaller than 30,000 gallons and then put in a second tank during the second phase.

The Board indicated that because the applicant was seeking “Total Approval”, he would be required to do the complete fire suppression method during the first phase.

Jacques Belanger, Surveyor, indicated Wetlands Permits have been submitted.

1. Phasing:

At this point the Board asked the applicant how he would be phasing the project. Jan VanDeBogart stated he planned to phase the project as follows:

Phase I – Year 2001 – 5 lots up to the proposed hammerhead turn around

Phase II – Year 2002 – 6 lots

The Board was polled by the Chairman and they indicated as follows:

Greta Brandt, Alison Vallieres, Carter Higginbotham, Brian Nordle agreed with the schedule.

George Holt indicated he felt it “seems a little fast”.

2. Road Issues:

Kenneth Swayze indicated that the recommended changes to the Engineering Plans for the Road should be submitted at least fifteen days prior to the next meeting for review.

Applicant will file a letter with the Selectmen re construction of the road. He will build the road “at his own risk”. There will be no permits, no sales, no CO’s issued until the road is completed. The applicant is assuming the liability. The Inspecting Agent will be Don Mayo, Town Engineer.

The Board noted they will not require a certified plan “as built”.

The applicant stated he would be willing to put money in an escrow account for road inspections.

3. Residual Bond for Reclamation of Wetlands

George Holt stated he felt a bond was necessary for possible wetland infiltration. If the applicant gets to a certain point and the project becomes a bankrupt issue, we need to be able to restore the area to its original condition. What is an appropriate value? Would consider 5-15% of the total road cost. This would be $30,000.

C. Higginbotham indicated he wasn’t sure we needed this because the road is on the applicant’s property.

It was indicated that one abutter, David Riley had been slightly interested in off-site drainage problem.

The Board noted there were three wetlands crossings for the proposed road.

At this point in the discussion, Brian Nordle stated that he dealt with this type of bond all the time in his work in road building for highways, etc. Reclamation bonds very seldom exceed $10,000. Have never encountered anything more than $10,000. This would have a very small impact. Don’t see that a reclamation bond in the amount of $30,000 is necessary. Not like a catrosphic event.

At this point, Kenneth Swayze, Acting Chairman, stated that he felt the Reclamation Bond should be no more than $5,000.

Kenneth Swayze, Acting Chairman, polled the members regarding the Reclamation Bond as follows:

Greta Brandt, Alison Vallieres, Carter Higginbotham, Brian Nordle – Agreed with $5,000 Reclamation Bond

George Holt – Stated the Reclamation Bond should be higher than $5,000.

Jan VanDeBogart agreed to put $5,000 in a bank passbook to cover the bond.

At this point, Carter Higginbotham stated that he wanted to make sure the Board was not setting a precident for the future. Stated that every proposed subdivision is a separate issue and should be treated accordingly.

MOTION:

Carter Higginbotham made a motion that the Dunbarton Planning Board accept the Jan VanDeBogart Proposed Eleven (11) lot Subdivision of Lot C6-3-2 as a PRELIMINARY APPROVAL OF A MAJOR SUBDIVISION with Phases I and II as presented with the following conditions:

Posting of cash or equivalent to be held by the Town of Dunbarton for reclamation in the amount of $5,000.

Engineering Plans be updated per Don Mayo, Town Engineer and to include inspections by Don Mayo and subject to an increase in bond/cash based on condition and need for reclamation.

Submittal of test pit data.

Approval of building permits as follows:

Phase I – 2001 – 5 permits

Phase II – 2002 – 6 permits

(To be issued on a pro-rata basis, one every two months)

Fire Suppression system that is per the current Town Standard yet to be determined. Fire Pond or 30,000 gallons storage tank.

A letter from the applicant per construction methods and also will submit an inspection schedule.

George Holt seconded the motion. The motion passed unanimously.

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

Thomas Giovagnoli – Not Present

Joseph/Dianne Richards – Not Present

Schauer Environmental Consultants – Not Present

David Glannon – Not Present

David/Deborah Reilly – Not Present

Linda VanDeBogart – Not Present

Karen and Steven Elasser – Not Present

Nassikas, Inc, C/O Mrs. John Nassikas – Not Present

Brilaw LLC – Not Present

Pauline/Dennis Ballargeon – Not Present

No members of the public spoke at this time.

The public hearing was closed at 8:30 p.m.

NEW BUSINESS:

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

LOUIS FAUSTINI PROPOSED FIVE LOT SUBDIVISION LOCATED ON BLACK BROOK AND LONG POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, James Marcou and Michael Poirier stepped back on the Board.

The voting members for this agenda item will be as follows:

James Marcou

Kenneth Swayze

Alison Vallieres

Carter Higginbotham

Greta Brandt

George Holt

Kenneth Swayze stated he had reviewed the application and found it to be complete with the exception of minor details i.e. no well radius or septic area designated.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the Louis Faustini Proposed five lot subdivision and start proceedings this evening. George Holt seconded the motion. The motion passed unanimously.

Louis Faustini appeared before the Board and stated that the subdivision consisted of five lots as follows:

14.81 acres with the existing dwelling

(2) 5 acre lots

(2) 7 acre lots

He stated all lots have at least five acres and 300 foot frontage as required.

He stated the Road Agent had suggested the Town be given an easement along the property for road improvements.

In addition, the Board noted that this would be the time for an easement for road improvements at the intersection of Black Brook Road and Long Pond Road. The Board stated this would be a construction easement for the Town. Mr. Faustini agreed to do this. The Surveyor will include it on the plan for the next meeting.

The Board noted there were no well or septic area radius on the plan. This will be included on the plan at the next meeting.

George Holt – Stated this was a scenic road. The Board noted that safety issues prevail. It was also noted that the owner of the property can cut trees on a scenic road without having a public hearing. The Board asked Mr. Faustini if he would be willing to cut trees to improve the sight distance for driveways.

Mr. Faustini noted that he had received his approval from Wetlands for proposed driveways.

A site walk was discussed but no date was set.

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

Michael/Christine Soucy – Present, Said there was a lot of water. It was noted there is a 30” culvert recently installed. Concerned about water on the lot. The Board noted that the 4,000 square feet pocket had been included on the plan.

Norman/Judith Ward – Not Present

Paul Cuda/Marcy Richmond – Marcy Richmond present. Looked at plan and asked if the proposed driveway went all the way through to the other lots. It was established that the line she was looking at was not a driveway location line, but possibly a contour or soils line on the plan. No other questions at this time.

Anita GardnerMelendy/Forest Melendy – Not Present

Robert/Elizabeth Cannon – Not Present

E. Swindlehurst Revocable Trust – Not Present

Richard Jones/Norma Jones – Not Present

Timothy/Lee Ann Jarvis – Present, Looked at plan. No comments.

There was no input from the public.

The public meeting was closed.

RICHARD AND DAVID ZYLAK PROPOSED THREE LOT SUBDIVISION LOCATED ON ORDWAY ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Kenneth Swayze noted that he had reviewed the above application and it appeared to be generally correct. Based on this, he made a motion as follows:

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application for the Richard and David Zylak Proposed Three Lot Subdivision located on Ordway Road in the Low Density District in Dunbarton, NH and begin deliberations this evening. The motion was seconded by George Holt. The motion passed unanimously.

Jacques Belanger, Surveyor, appeared before the Board and noted that this was the same plan that he had presented the Board at the last meeting. This lot is on the Bow-Dunbarton Town Line and there is an “off-set” in the road

J. Belanger noted that the mobile home, garage and sheds had been taken down from the property.

The Board noted they would request a full construction easement along the frontage be given to the Town for road improvements and upgrading.

Jacques Belanger reported that test pits have been completed.

Greta Brandt asked if there were any wetlands on the property.

Jacques Belanger noted there were only wetlands in the back of the property.

It was established that the entire length of Ordway Road is 2,500 feet in total.

A site walk was discussed but no date was set.

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

Ronald and Christine Averill – Present, stated he had no problems.

William/Ann Chotkowski – Not Present

Wheeleer Family Trust, C/O Richard Paradise, Trustee – Not Present

Gary/Stephanie Dane – Not Present

James/Elsie Ordway – Present, Asked about the status of Ordway Road.

The Board noted it was a Class V Road. Mr. Ordway asked if the road would be required to be paved or just improve it.

The Board indicated they would just require upgrading the road.

Town of Bow – Not Present

J. E. Belanger Surveying – Present

Member of the public:

Arthur Beaudet – Stated he was opposed to the widening or improving of this road. Said the majority of the traffic is coming and going to Bow. If you improve the road, the traffic will be worse. Against widening or improving this road. Have lived there 33 years.

Mr. Averill – Stated he wouldn’t want to see the road widened too much. This is a “scenic” road in that it is a beautiful road not the legal definition of scenic road.

The public hearing was closed at 9:10 p.m.

ALAN T. CHUSHING/JOHN KINOSH PROPOSED LOT LINE ADJUSTMENT AND SUBSEQUENT TWO LOT SUBDIVISION OF THE KINOSH PROPERTY LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting Greta Brandt stepped down from the Board because she was an abutter.

Kenneth Swayze stated that he had reviewed the application and plans for the above proposed Lot Line Adjustment and Subsequent Subdivision and it does not qualify under Dunbarton Zoning Regulations because it is not 300 feet of continuous frontage.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board deny the Alan T. Cushing/John Kinosh Proposed Lot Line Adjustment and Subsequent Two Lot Subdivision of the Kinosh Property located on Grapevine Road in the Low Density District in Dunbarton, NH because there was not 300 feet of continuous frontage. George Holt seconded the motion. The motion passed unanimously.

At this point in the discussion, George Holt noted that the discussion with the applicant was non-binding.

Jacques Belanger, Surveyor, explained the situation to the Board in that they were trying to “clean up a bad situation” whereas a landowner’s garage was infringing upon another person’s property. They will seek other alternatives to try to correct the problem.

DIANE G. NEER PROPOSED TWO LOT SUBDIVISION LOCATED ON LONG POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Kenneth Swayze confirmed with the Secretary that two abutters listed on the application were wrong, (Thomas Burack and Robert Paris) These individuals no longer own the property and should be replaced with another owner. Certified letters were sent to all abutters as listed on the application.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board deny the Diane B. Neer Proposed Two Lot Subdivision located on Long Pond Road in the Low Density District in Dunbarton, NH because of incorrect noticing of abutters. Alison Vallieres seconded the motion. The motion passed unanimously.

At this point in the meeting, the Dunbarton Planning Board noted this was a non-binding discussion with the applicant.

The Board noted to the applicant that the Dunbarton Board of Selectmen were no longer accepting “stub” roads. This was a recent decision which the Planning Board was not aware of. Therefore the applicant would not be able to obtain a building permit to build after the road was put in.

Bruce Vaal, Building Inspector, stated that he could not grant a building permit for a house which was not on a road accepted by the Town.

The applicant was advised to meet with the Selectmen to determine what steps could be taken to accomplish subdivision.

The Board noted that possibly one option could be a Planned Unit Development. This would have to be approved by the Dunbarton Zoning Board of Adjustment and include a portion to be set aside for conservation easement, etc.

It was also noted for the record that a letter had been submitted by Jay Pitocchelle regarding the status of Whipple Road. (attached) A copy of the letter was given to the applicant.

It was noted that before the applicant comes back to either the Zoning or Planning Board, they should resolve the Old Whipple Road issue. The applicant stated that their surveyor, Robert Todd, assured them that Diane Neer owns Old Whipple Road.

MICHEL BELANGER/JAMES AND JACQUELINE MICHAUD/BRAD ASBURY PROPOSED LOT LINE ADJUSTMENT LOCATED ON JACQUELINE DRIVE AND ROBERT ROGERS ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze noted that he had reviewed the application and plans and they were understandable with corrections. Based on this information, he made the following motion:

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the proposed Lot Line Adjustment for Michel Belanger/James and Jacqueline Michaud/Brad Asbury located on Jacqueline Drive and Robert Rogers Road in the Low Density District in Dunbarton, NH and start deliberations this evening. George Holt seconded the motion. The motion passed unanimously.

Jacques Belanger, Surveyor, appeared before the Board with a plan showing the proposed “land swap”. He stated that Brad Asbury needed additional land in order to meet setbacks to build a garage without applying for a Variance. This would be a land exchange between Asbury and Michaud with part of the land to be exchanged owned by Michel Belanger for the road right of way.

There being no further business, the meeting adjourned at 10:10 p.m.

Respectfully submitted,

Alison R. Vallieres

Secretary