DUNBARTON PLANNING BOARD
WEDNESDAY, FEBRUARY 19, 2003
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 Co-Chairman Kenneth Swayze presiding. The following members were present:
Kenneth Swayze, Co-Chairman
Alison Vallieres, Secretary
Brian Nordle
Carter Higginbotham
Charles (Chuck) Graybill, Selectman
Michael Poirier, Alternate
The Acting Chairman verified with the Secretary that the meeting notice had been posted in a timely fashion in three public places throughout the Town and published in the Concord Monitor for one day.
The Acting Chairman stated that all members present would be voting members this evening.
Approval of Previous Meeting Minutes:
Kenneth Swayze noted that in the minutes of February 3, 2003, he had voted No on the Vote regarding the State Building Code instead of Abstained.
Carter Higginbotham made a motion to accept the minutes of the two previous meetings of January 15, 2003 and February 3, 2003 with the amendment as noted above for the February 3, 2003 meeting. The motion was seconded and passed unanimously.
Signing of Stillwater Plan:
Brian Nordle and Kenneth Swayze reviewed the final Stillwater Plan and it was signed. The Board will review the plan in detail for the next 24 hours and if everything is acceptable, the plan will be given to the Town Administrator for recording.
PUBLIC HEARING – RICHARD AND JUDY KEEFE PROPOSED NINE LOT SUBDIVISION OFF ROUTE 77 AND RAY ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Jacques Belanger, Surveyor, and Richard Keefe appeared before the Board with the final plan.
The applicant stated that 3.29 acres will be connected to the 75’ strip of land that the Town already owns. He stated this does not affect any of the lots.
Because there were three areas with over 10,000 square feet of Wetlands, it was noted that they were seeking Wetlands Approval. Application for Wetlands Permits have been submitted, Conservation Commission has received their copy from Wetlands. They have asked for an Extension for the Site Walk because of conditions.
Phasing Schedule was included on Sheet #2 of the plans as requested by the Board.
The Board noted they had required notification in writing from the Fire Chief regarding the name of the road and his agreement with in-house fire suppression. It was noted there presently is a Fire Pond within the Clifford Farms Development which is adjacent to the Keefe property.
The applicant stated that the Fire Chief had indicated verbally that the in-house fire suppression was acceptable to him.
Brian Nordle went over the checklist as required by the Board as follows:
1. Complete set of plans, including phasing plan - Complete
2. Properly worded deed for easement to the Town – Submitted
a. It was noted the easement was prohibitive with regard to the 90 day notice requirement. Also requires the Town to pay damages, etc. The Board noted this was not acceptable. The applicant and surveyor agreed to change the easement to conform with the Planning Board’s recommendations. The easement should be unrestrictive to the Town.
3. $5,000 Reclamation Bond - Submitted
4. Fire Suppression Method shown on plan – Complete
a. The Board noted that they need a statement in writing from the Fire Chief as to his approval of in-house fire suppression.
5. Name of proposed road within the subdivision approved by Fire Chief – Complete
6. Don Mayo, Town Engineer, Inspections Bond of $2,000 – Complete
It was noted for the record that the road will be at-risk. The applicant submitted a letter outlining conditions of approval.
The Board noted that both Brian Nordle and Mike Poirier had done the site walk and it was pretty standard. The subdivision plan is acceptable as long as the applicant comes up with all the permits.
Kenneth Swayze asked Jacques Belanger if he anticipated any problems on wetlands permits. Jacques stated that when you go on site it looks different than the plan. There is not a lot of steep terrain to cause potential erosion.
Abutters were read as follows and noted all had been notified by certified mail:
Linda Bowden – Not Present
Edward/Mary White – Not Present
Kevin/Linda Soles – Not Present
Ken Chase – Not Present
David/Jeanne Ilsley – Not Present
Ralph/Debra Fellbaum – Not Present
Steven K. Osborn – Not Present
Edward Cluche – Not Present
Dennis J. Gilmore – Not Present
Barry Clark – Not Present
Leonard Mudge – Not Present
Jonathan Preston – Not Present
Clifton Cahill – Not Present
John/Katherine Daly – Not Present
Steven/Marie Jones – Not Present
Donald Rollins – Not Present
Donna Lynne – Not Present
Anna Silva – Not Present
Judy/David Oesterreich – Not Present
Town of Weare, Board of Selectmen – Not Present
Schauer Environmental Consultants – Not Present
W. G. Howard and Associates – Not Present
J. E. Belanger Land Surveying – Present
Town of Dunbarton – Present, (Selectman)
Public Input:
None
Regional Impact:
It was noted for the record again that the Dunbarton Planning Board felt this project had no Regional Impact to any other Town. It was also noted that the Town of Weare has been notified for each Public Hearing.
MOTION:
Brian Nordle made a motion that the Dunbarton Planning Board accept the Richard and Judy Keefe (I1-1-11) Proposed Nine Lot Subdivision off Route 77 and Ray Road in the Low Density District in Dunbarton, NH as presented and to be known as “The North Woods of Dunbarton”. The approval is subject to the following conditions:
1. The Builder will proceed at risk.
2. The Plans will be signed subject to the following:
a. All necessary permits will be in place.
b. A signed letter from the Fire Chief regarding his approval of in-house fire suppression systems.
c. A properly worded deed for easement to the Town of Dunbarton along with a signed letter of agreement to the Town.
Carter Higginbotham seconded the motion. The motion passed unanimously.
PUBLIC HEARING – ZABADEE DEVELOPMENT LLC (JOSEPH ALBERTELLI, MANAGING MEMBER) PROPOSED NINE LOT SUBDIVISION LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY DISTRICT IN DUNBATON, NH
Tim Bernier appeared before the Board with an updated plan.
Tim Bernier stated that he had spoken with Don Mayo and he had several suggestions as follows:
1. Some culvert cross sections.
2. There are several areas where he wanted guard rails.
3. Needs a typical cross section.
Ken Swayze stated that if it is greater than 1-4 slope, you will have to put in guard rails.
With regard to the fire pond issue, Tim Bernier stated that he had spoken with the Fire Chief and the pull off will be 14’ wide rather than long, thus allowing room for the fire truck to pull off, etc. (The regulation requires 25’, and others go right straight in) This was necessary because we have a defined easement area. This was acceptable with the Fire Chief. Will be a minimum impact. Town has to file application because they own it. Board suggested that maybe the Fire Chief should sign as the Agent of the Town. Wetlands has asked for a letter from the Fire Chief stating it was necessary for the Town.
Tim Bernier stated he had spoken with one of the abutters (Ignatius MacLeallan) regarding his well radius. MacLeallan had wanted the owner to deed his an easement that no one could put in a septic, etc. within his well radius. Tim Bernier stated that the State would not allow a septic system within the well radius anyway. Also Dunbarton has a 50 foot setback for septic systems. (It was stated that MacLeallan would not be able to put a well in this location now under the present regulations.) His well is 53’ from the line.
Tim Bernier stated he will put a note on the plan as a courtesy showing MacLeallan’s well radius.
Tim Bernier stated the fire pond wetlands application will be submitted separately from others. This would benefit the Town because if the other permits were not given, the Town still gets its easement.
Board will need to have Fire Chief’s letter in writing as to the acceptance of the Road Name.
The Board decided to hold off the site walk until another month because of weather conditions.
At this point in the discussion, Charles Graybill indicated he had a concern about where the road exited onto Grapevine which is directly across a house which is presently being built. The Board has made stipulations in the past for other subdivisions that access road not be located directly across from another’s driveway. This should be adhered to for this subdivision. He stated that the Board had serious problems with the applicant over this issue. We have instituted a suggested change. I realize it is tight constraints, but I am not happy with the driveway being directly across the other driveway. You should try to make a concession.
Tim Bernier stated that if he changed the location of the access road, it would interfere with the line of sight, etc. Would open other problems. He will look at small things.
Carter Higginbotham – Stated that you say there will be a “rare” car, etc. We were told by a traffic engineer that there are ten cars trips per day. This would be a total of 90 car trips per day. That is not an insignificant number of cars going back and forth. Even though there is no one living there now, there will be in the future. This is going to impact the situation. You say the lot can’t be compromised This is a serious issue. You say the road can’t be moved but maybe it can, etc.
Alison Vallieres – Stated that she felt that the lot could be compromised. The other house will always have lights going directly in and will cause problems. Once the access road is in, it can never be changed. In addition, there is a strong possibility of further development off this access road with another subdivision and this will only make the problem more intense with more traffic. The developer should consider other alternatives as to where the access road will come out onto Grapevine Road.
Phasing – Brian Nordle noted that the Phasing Requirement would be five building permits for the first year and four in the second year. This is in accordance with the Board recommendation.
Regional Impact:
The Board noted that Regional Impact has been previously addressed and the Dunbarton Planning Board has reached a consensus that there will be no Regional Impact to any other Town. In addition, a certified notice has been sent to the Town of Bow for each Public Hearing. It was noted that the Town of Bow had requested a copy of the plan from Tim Bernier.
Tim Bernier asked if they could bond the entire road and do a temporary turnaround. The Board indicated this was possible.
Abutters were read as follows and noted all had been notified by certified mail:
Marjolaine Hebert – Not Present
Lahajji Development, LLC – Not Present
Steven/Angela Amesden – Not Present
Conrad/Karen Wesselhoeft – Not Present
Douglas/Tommy Garcia – Not Present
Steven K. Brenan – Not Present
Richard Burchell – Not Present
Mark and Dee Newton – Not Present
Craig/Lucia Williamson – Not Present
Ravi Vig Revocable Trust – Not Present
Joan M. Segal – Not Present
Timothy/Tamra Edes – Not Present
John/April Fay – Not Present
Joanne Heapes – Not Present
Richard/Karen Gerry – Not Present
Timothy/Deborah Dugal – Not Present
Ignatius/Eleanor MacLeallan – Not Present
Thomas P. Dickey – Not Present
Paul/Nany Zahenski – Not Present
Charles/Caroline Pellock – Present
Town of Bow, Board of Selectmen – Not Present
Timothy Bernier – Present, representing the applicant
Robert Rook , Applicant’s engineer – Not Present
Other Members of the Public:
Ron Slocum – There have been discussions about moving the road to the south, why not move it to the north.
Tim Bernier stated the access road was presently right on the north boundary line, and it couldn’t be moved any further north.
At this point in the public hearing, Charles and Caroline Pellock stated they were present and lived in the Town of Bow and abutted this proposed subdivision in the rear. They stated they were here because they wanted to know where the subdivision was proposed to be, etc. We don’t know the rules of the Town. When the road goes through, apparently there is another tract of land that connects to this piece that could be developed in the future. Once you create roads like this, etc. this gives other people the right to connect to this road. Concerned about the general value of my property. You are creating a dead end street. With regard to Ignatius MacLeallan, he is at the back of his lot. We are not at the back of our lot. We have the wetlands behind us. What about setbacks in Dunbarton?
At this point, the Board advised Mr. Pellock that the Town of Dunbarton setbacks are 50 feet and the Town of Bow is 20 feet.
Tim Bernier stated that the Town of Bow Lots in that area are all two acre lots.
Mr. Pellock asked if the lots in Dunbarton would be in different price ranges. He asked if the Town of Dunbarton has covenants on their subdivisions like his does as to type of homes to be built, etc.. The Board stated no, Dunbarton does not require covenants.
Kenneth Swayze noted that the developer just has to prove to the Board that each lot can accommodate a well, septic, house, etc. The developer could also sell all nine lots to another developer.
Comments from the Board:
The Board suggested that Tim Bernier send a letter to the Wesselhoeft notifying them of the fire pond issue because it was on their property.
Tim Bernier was advised that he should have the following for the next meeting:
1. A proposal for addressing the driveway entrance issue.
2. Paperwork from the Fire Chief re name of the road and the in-house fire suppression.
There being no further comments from the public, the public hearing was closed at 8:15 p.m.
OTHER BUSINESS:
It was noted for the record that the next meeting will be a Workshop Meeting to be held on Wednesday, March 5, 2003 at 7:00 p.m. for the purpose of reviewing the Master Plan Warrant Article for Town Meeting.
NEW BUSINESS:
Jacques Belanger appeared before the Board with a conceptual plan for Traditional Homes (Michael Poirier) showing two multi-unit buildings (one with four dwelling units and the other with three dwelling units) on Guinea Road. The units were connected by concrete walkways opening into a common garden area. The plan will be before the Planning Board at the next meeting as a Site Plan Review.
There be no further business, the meeting adjourned at 9:00 p.m.
Respectfully submitted,
Alison R. Vallieres
Secretary