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DUNBARTON PLANNING
BOARD WEDNESDAY, JANUARY 16,
2002 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 Carter Higginbotham Brian Nordle George Holt Michael Poirier, Alternate Charles Graybill, Selectman 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. The minutes of the previous meeting of Wednesday, December 19, 2001 were approved as written with a motion which was seconded and passed unanimously. PUBLIC HEARINGS: NONE NEW BUSINESS: RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY
THE DUNBARTON PLANNING BOARD AND START OF
PROCEEDINGS: GERALD B. GELINAS PROPOSED LOT LINE ADJUSTMENT
LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the discussion, Carter Higginbotham stepped down from the Board because he was an abutter to the property. James Marcou, Chairman, noted that Michael Poirier, Alternate, would be a voting member on this application. Voting members on the application will be the following: James Marcou Kenneth Swayze Alison Vallieres George Holt Brian Nordle Charles Graybill Michael Poirier, Alternate At this point, Kenneth Swayze stated that he had reviewed the application and found it substantially complete. MOTION: Kenneth Swayze made a motion that the Dunbarton
Planning Board accept the application from Gerald B. Gelinas for a
Proposed Lot Line Adjustment located on Gorham Pond Road in the Low
Density District in Dunbarton, NH.
The motion was seconded by Charles Graybill and passed unanimously.
The Board noted the application needed the following information before moving forward: 1. Re the subdivision , they are trying to break out a five acre lot and the Board would recommend test pits be done on the five acre lot because it is a minimum size. 2. The Board will schedule a site walk. 3. The Owner of Record is shown as A&D Builders. Need to file under the owner’s name. 4. Noted the existing house is non-conforming. 5. Jacques Belanger presented a letter of authorization for him to act on behalf of Gerald and Deborah Gelinas. 6. Road Agent will need to look at needed road access. Jacques Belanger noted the wetlands have been mapped. Test pit has been done. Existing well is located on the plan. 5 foot contours on the plan. The back lot borders on the back of Gorham Pond. Jacques stated the test pit was good soils. Jacques noted there is an old right of way for Lurgio property to the back which is only 20 feet wide and has been there for a long time. Abutters were read as follows and noted all had been notified by certified mail: Ross/Susan Lurgio – Not Present Henry/Joan Burhnam – Not Present Carter and Tondy Higginbotham – Present. Carter Higginbotham stated there is another right of way to the back land which has been there for general public use to the Conservation Easement property. Jeff Crosby asked if the Board would require test pits on both lots. The Board noted they would only require a test pit on the five acre lot and no test pit on the existing home. Site Walk will be scheduled for Saturday, January
19, 2002 at 1:00 p.m. STILL WATER PROPERTIES LLC PROPOSED 15 LOT
SUBDIVISION LOCATED ON MANSION AND EVERETT ROAD IN THE MEDIUM DENSITY
DISTRICT IN DUNBARTON, NH At this point, Carter Higginbotham returned to the Board. Kenneth Swayze stepped down from the Board because of a conflict of interest. The following members will be voting on this application and plan: James Marcou, Chairman Alison Vallieres, Secretary George Holt Carter Higginbotham Brian Nordle Charles Graybill, Selectman Michael Poirier, Alternate James Marcou, Chairman, stated that Brian Nordle and George Holt had reviewed the application and plans as submitted by Still Water LLC. He noted there were several deficiencies on the plan but general sense was that the plan did have enough information to know what is happening with this land but does have a flaw in that the seventeen acre northwest lot has no frontage and you cannot build on a Class VI road so no subdivision should occur with a lot on a Class VI road. Brian Nordle stated that test pit data is not on the plan. In addition, he has a concern about creating a lot on a Class VI road and this should be addressed by the applicant. Jacques Belanger, Surveyor, stated this is a substantial issue to place frontage on a Class VI road and does fly in the fact of no development on a Class VI road. Board noted application was generally acceptable but this is a major obstacle. Carter Higginbotham stated we have an obligation to be consistent and it is not an option to make an exception in this case because we have had several cases before the Board in the past. The same conditions need be adhered to in this case. Charles Graybill, Selectman, stated the plan provides enough information for the Board but it does create a building lot of seventeen acres on a Class VI road. At this point in the discussion, Jody Linman, one
of the prospective partners of the development responded that the
seventeen acre parcel with frontage on a Class VI road would be deeded to
the Town of Dunbarton as open space and an unbuildable lot. The Board noted the plan has a
deficiency because it indicates this is a building lot. Brian Nordle – Stated that on a Class VI road there obviously will be improvements. The road needs to be addressed as to where and what the improvements will be. None of the improvements have been submitted. Improvements should be addressed with the Selectmen. The plan is being submitted as written even though there is a change by the applicant. Don’t know if we can make a modification to a plan after submittal. George Holt – Indicated it was going to be a lengthy process to get this approved. Should we start the clock now or should we send them away with revisions, etc.? Give them a homework list. Charles Graybill – Stated they can make modifications to the plan after we go through the procedure of accepting the plan. Everyone came here this evening for this presentation so feel we should accept the application. He stated we have got to start somewhere. MOTION: Charles Graybill made a motion that the Dunbarton Planning Board accept the application and plan as submitted by Still Water LLC for a proposed 15 lot subdivision located on Mansion and Everett Road in the Medium Density District in Dunbarton, NH with the clarification that the 17 acres lot on Class VI Road be designated as Conservation Land to be turned over to either the Town or the Dunbarton Conservation Commission with a permanent easement. Michael Poirier seconded the motion. The motion passed by a majority with Brian Nordle vote in the negative. At this point in the discussion, James Marcou, Chairman, stated that the Board would be addressing the Everett Road Issues. It was noted the plan had been submitted in November informally to the Board with a culdasac and not a through road to Everett Road. The Planning Board suggested the road be made a through road to Everett Road for safety reasons. It was noted that the Planning Board, Selectmen and the applicant had met on the site to discuss road improvements and no commitment was made as to what was needed on Everett Road. In addition, the Selectmen discussed improving the intersection with DOT. The Board noted the proposed subdivision was on 68+ acres and consisted of 14 buildable lots of between three and five acres. This parcel is in the Medium Density Zone which allows for three acre lots with 250 foot frontage. The proposed road will have three culverts crossing wetlands. The road will be at 8% pitch and will be 2,252 feet long. Mansion Road is a four rod right of way. Will be applying for a curb cut on Mansion Road. The applicant is looking for a commitment from the Town. George Holt – Re exit on to Mansion Road and how it lines up on Mansion Road, is only 118 feet from Tarsa driveway. Would like the applicant to consider moving the entrance to be further away from Tarsa driveway. At this point in the meeting, Charles Graybill outlined the Selectmen’s letter to the applicant regarding items they would like addressed. One of the items was a through road from Mansion Road to Everett Road. The Selectmen are thinking of the future and the Selectmen as a group decided there are some major safety issues that should be addressed. If you wish, we can have either the Police or the Fire Chief speak to you re the safety issues. Jeff Nelson, Police Chief – Stated that access onto Route 13 from Everett Road is his main concern. Burchell and Hammond have no clear delineation where the parking lot and property line begin and end and there is a substantial grade. Sight is limited to the right and that intersection needs to be widened. Jon Wiggin, Fire Chief - Stated that time is critical is getting to a fire. Time is a major factor. Time is the essential issue. Would like to be able to go down Everett Road. Mansion Road intersection is the worst. Is hard to make the turn onto Mansion Road from Route 13. You almost meet yourself coming back. Don’t like to see any dead end roads. We are always looking for two way in and out. If anything blocks the access to that development, no way to get in there with fire equipment. On the safety side of it, would like to see it go through to Everett Road for two ways into the development. Charles Graybill – Indicated subdivision road cannot exceed 8% grade on the new road. Selectmen would like to see Everett Road be upgraded. When you are coming into the center of Town, would like to be able to have a capacity of two school buses and that the grade coming down Everett Road be lessened. Stated the Selectmen felt it is important that Everett Road be curbed. DOT has suggested this now. Selectmen would like to see a hammer head road west of the intersection going beyond the Zeller property with an area to put the snow. With regard to Everett Road, Selectmen have indicated they would like to see a 24 foot traveled way with shrubs and trees removed. It was noted that Everett Road has only 32 feet to work with so including drainage and shoulders will take planning, etc. Selectmen also indicated in their letter to the applicant that five acres be given to the Town adjacent to the Town Garage including a buffer zone and the road coming out. Selectmen would like to put a self enclosed salt shed on the property. Selectmen would be interested in purchasing land in the future for this purpose if owner does not give it to the Town. George Holt – Re the Class VI portion, is still a two rod layout. We should take some land for future road improvements. James Marcou noted we need to be sure we have enough easement to do road construction. The Board indicated they would give the checklist to the applicant indicating areas of concern. Board indicated they will need a layout of reconstruction and sections with hammerhead along with complete road plans. George Holt indicated he would like to see driveway locations on plan including existing driveways also. Brian Nordle – Stated that for the Intersection at Route 13 to have level platform is going to be a problem without easements from landowners. Board noted that when building platform up will affect drainage. Brian Nordle – Stated he was concerned about holding water back by curbing. Are the Selectmen going to accept anything else beside curbing. Could be guard rails or other methods of delineation. Curbing will hold water back. At this point in the meeting, Mr. Weston stated that they plan to build a good neighborhood and work with the Town. We have looked at the eight points that Mr. Graybill refers to. Have agreed to the through road. Have changed the road to meet the 8% grade and will do the hammer head at the base of Everett Road. Everett Road is not our responsibility to reengineer because it is off our property. We want to participate but are not interested in doing the whole thing. Not our responsibility. The Board indicated it would be up to the groups to work the road issues out to the satisfaction of all. Abutters were read as follows and noted all had been notified by certified mail: Janet Zeller Revocable Trust – Represented by her daughter Diane Jenkins. She stated that Everett Road is the biggest issue to them. Asked where the connecting road would be. As it is now, a car and truck cannot pass without pulling to the side of the road. There are no shoulders. If it becomes a major road, I would want to see the road improved. Now half the road comes down our driveway in the winter, etc. Needs work. Jacques Belanger explained on the plan where the road will be in relation to the Zeller property. David/Deborah Foster – Present. Stated that more traffic will be coming out of Everett Road. Has anyone addressed ground water and these new houses. At this point in the discussion, Charles Graybill indicated when the Selectmen met with DOT options were discussed, one of which was discontinuing the Y portion of the road at the Common and move Robert Rogers Road over to meet with Everett Road. This would be a major change and the Selectmen felt they might bring it up at Town Meeting for the residents to decide what to do. From a safety point of view, this would clean up some of the safety issues. There is the issue of the aesthetics of the Town and being a historic portion of Town would be an issue. James Marcou stated that in any event, the present yield sign should be changed to a Stop Sign in the first phase of this. With regard to ground water, the Town does not have a delineated water study. George Holt indicated lot sizes are relatively large and therefore the acreage can support a single well and septic system. Each year we receive 40” – 44” of rain of which 18” becomes ground water. Deborah Foster stated that you don’t know the network of ground water in the area. When you start putting in wells, a developer needs to monitor this through the building department. Martha Hammond – Not Present Randolph/Lisa Bauer – Present. Asked about the three acre Medium Density Zone. Was not aware. Thought Dunbarton was all 5 acre zoning. Concerned about the entrance onto Mansion Road. As a result of this, will you realign Mansion Road. Board noted this would be part of the site walk. Mr. Bauer asked about the ground itself. Stated his lot was ledge and would believe there is ledge within this subdivision. Would there be any blasting. Jacques Belanger indicated in their test pits they did not hit ledge, with the exception of two which hit ledge at 6-7 feet down. No surface ledge. Albert Statuto – Said there is a safety issue in coming Everett Road and Burchell’s. Cannot see south traffic. If you are going to flare out, you are going to have to have a traffic light and upgrade the road. Got to cut down on Burchell’s property. It is probably a “done deal” anyway. Jeff/Bronda Crosby – Present. Stated he was all for road improvements. Stated he thought it would be a big mistake to make Everett Road a through Road. People who live on Mansion Road will create a lot of traffic through the Center. When the Zellers did their subdivision, was there any requirements that they should upgrade the road. Were they asked to do any upgrade at the intersection of Everett Road. How would this be funded. Should Route 13 be funded by the developer. It is a minimal problem the way it is now. If you make it a though road it will be a bigger problem. James Marcou stated that off site improvements are between the developer and the selectmen. They will come to some conclusion as to how it will get down. This can’t be determined at the Planning Board level. This is in the selectmen’s realm of responsibility. Jacqueline Kennedy – Stephen Kennedy spoke on her behalf. Presented a statement to the Board for the record (copy attached). Kathleen McDonald – Not Present Mark/Gretchen Andrews - Gretchen present. No comment at this time. Nancie Stone – Represented by Kenneth Swayze. Stated he was speaking to the Board as a private citizen. Stone tract is the largest tract that abuts this proposal and will agree with Mr. Kennedy. Do have a concern about the Town Garage and pollution of chemicals and ask that it be tested to prove this land is buildable. Mark Tarsa – Present. Presented a written statement to the Board (copy attached) Other Members of the Public: Arthur Boisvert – You are saying that no subdivision could be built off a Class VI Road and you are saying that Everett Road does not meet that requirement. How can the project be considered. Response: Because they are putting in new frontage on a new road. The property abuts Mansion Road. It is Class V where it meets Everett Road. Arthur Boisvert – Stated they didn’t give him the impression they could make the intersection at a 8% grade. I don’t see how or why taxpayers want to pay a penny to accommodate an intersection strictly for developing the land for one person. My taxes have gone up for every year. Diana Jenkins – Stated that Everett Road is closed at their driveway and the Town opens our driveway. James Marcou – Stated Everett Road would be extended beyond Zeller driveway and provide a place to put snow. Lisa Bauer – Can you clarify the size of the lots. Board explained that in 1990, the Town created a Master Plan in which we created three districts, (Low Density – 5 acres, Medium Density – 3 acres, and Village District – 2 acres). This was to protect the Town so we would not end up with all small one acre lots. If the entire Town were five acres, we would be challenged in Court and probably lose. Mark Tarsa – Stated that the regulations say that a major road can only be 5% grade and a minor road 8%. Do you consider this a minor road. The Board indicated yes, this would be a Minor Road and they would consider Route 13 a Major Road. Ron Slocum – Question linking the upgraded Everett Road and Route 13, but I am also concerned that we have heard the developer is saying he is not going to pay for it. I see where the Town is going to pay the majority of the cost of the intersection. James Marcou indicated this was just a first step. Have been trying to get together. Once the Selectmen and the developer agree on road issues, it will come back to the Planning Board Table. Ron Slocum – Town is going to pay. Is that fair to the Town. What if we don’t have money to do this upgrade. Brian Little – Stated that he understood the safety issues. I really think that by putting a through road in, it would be making it safe. I think the hazard of the intersection may be offset by the cost to the Town. I am not in favor of putting the through road in. Jeff Trexler – Stated he was concerned about fairness. I feel it is unfair to ask a property owner to repair and upgrade the road just for safety purposes. Possibly put a culdasac with a gate rather than putting a through road. Fire Department could have a quicker response time if needed. Would ask selectmen to consider this. Jon Wiggin – Stated that he didn’t feel the people would be using this road as a throughway. People would not be using this road as a super highway. We just want on the Fire side to not have a dead end road and suggest a gate to the Planning Board. You need another way in but I don’t see everyone using this as an everyday road. James Marcou – Everett Road issue is up for discussion because we felt we would be addressing public safety at this time by the Planning Board and people think this is a “done deal”. This is not the case. We have just started the process. David Breault – Stated he liked Jeff Trexler’s idea of having a gate and allowing the Zellers to keep their peace. A custodial road would not take away their privacy and it would allow the Town not to incur the cost and the developer will keep the traffic down. Allen Boisvert – Talked with a former building inspector and stated that the five acre lot size was put through because we don’t want Dunbarton to become another Goffstown, New Boston, etc. and from looking at the picture of the Medium Density Zone if that entire area was being developed like this one, there will be lots of other developers who will do it for the same reason. This is not why I moved to Dunbarton. Moved here for the wildlife, right now I see 50 turkeys a day and as development comes we will have problems. Even Bedford is having problems now. Brian Nordle – Stated that part of his reasoning for not voting to accept the application was that it is not fair to the applicant. Feel it would be prudent for the Selectmen to meet with the applicant and determine exactly what is needed in the form of road improvements, curbing, etc. before the applicants incur considerable expense in engineering and surveying costs and have it not be to the Town’s needs or desires. I build roads. I know what is involved. The Town has asked them to delineate with curbs. If there is washouts from the curbs, what is the liability. The applicants should know what is wanted by the Selectmen prior to doing all the engineering studies. Trying to get a handle on drainage easements. Tonight when the applicant leaves here, what direction does he go. Selectmen need to talk with the applicant. There is no final consensus tonight. Jeff Crosby – Stated that the solution Jeff Trexler presented could be a wide enough right of way. Kenneth Swayze – Stated we need to know there is some communication between the Selectmen and the applicant as to whether the Town Garage had any leaching of salts and/or petroleum products. Have already talked with Still Water to make sure we are clear on these issues. James Marcou – Noted the Board needs to know the style of fire suppression which will be used for the development. Carter Higginbotham – Stated that at both ends of this road there are existing houses. Intersection has a very definite impact on those houses. When the Selectmen talk with the developer they could ask them to look at these intersections. I really think they should take a closer look to moving the intersection. Should look at this in great detail, and see what options are available to move intersections to give existing houses maximum number of feet. Right now they have got this option. INFORMAL DISCUSSION: Jacques Belanger, Surveyor, appeared before the Board with a conceptual plan showing a 11 lot subdivision owned by Richard Burchell on Grapevine Road. The Board indicated they wanted to make sure the applicant realized that the entrance road could become an issue in order to keep it to the required 8% grade as required by the regulations. In addition, the applicant will have to address the fire pond requirement as he has previously subdivided lots from this parcel. The Board suggested there be an easement in the rear for access from another road, etc. Did not like subdivisions with only one way in and out. There being no further business, the meeting adjourned at 10:00 p.m. Respectfully submitted, Alison R. Vallieres, Secretary |