DUNBARTON PLANNING BOARD
WEDNESDAY, JULY 16, 2003
TOWN OFFICES – 7:00 PM
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
George Holt, Co-Chairman
Alison Vallieres, Secretary
Kenneth Swayze, Administrator,
Planning & Zoning
Brian Nordle
Carter Higginbotham
Dave Breault, Alternate
Steve Kennedy, Selectman
The
Chairman verified with the Secretary that the meeting notice had been posted in
a timely fashion according to State Law in three public places throughout the
Town and published in the Concord Monitor for one day. The public notice also appeared on the Dunbarton
Web Page.
Approval
of Previous Month’s Minutes (Wednesday, June 18, 2003):
A
motion was made by James Marcou that the Wednesday, June 18, 2003 minutes be
approved as written. The motion was
seconded by George Holt. The motion
passed unanimously.
7:00
PM – CONTINUED PUBLIC HEARING – SITE PLAN REVIEW – ROBERT PERRY (D6-3-11)
PROPOSED MULTI-FAMILY CONSISTING OF FOUR BUILDINGS OF FOUR UNITS EACH AT HIS
PROPERTY LOCATED ON MORSE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH AND
ROBERT/DOROTHY PERRY LOT LINE ADJUSTMENT OF PROPERTY LOCATED ON MORSE ROAD IN
THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Kenneth Swayze, Planning Department, presented a Status Report on the Perry Proposal to the Board. (attached)
Present for the applicant, Robert Perry, Sr. were: Robert Perry II, Denise Perry, Trevor Towne representing W. G. Howard & Associates Inc. and Attorney Patrick McNicholas representing the applicant.
At
this point in the public hearing, Trevor Towne, W. G. Howard, addressed the
Current Activity/Requirements on the Status Report to the Board as follows:
Board noted that the installation of the Reddi-Rock
Retaining wall will require constant engineering overseeing while being
installed. Possibility of Town asking
for a bond or guarantee for the Retaining Wall. Town Engineer will have to be on-site all
during construction of retaining wall.
There will be a pre-construction meeting prior to
this part of the construction. Robert
Perry will check regarding possible easements instead of the wall.
C. Higginbotham stated that if the Town has to come back 10-15 years from now and repair, the cost for a failure will far exceed the cost of having a person inspecting this on-site while it is being built. Ken Swayze noted the retaining wall supports a “dynamic” road and there are hydraulic slippage factors to be considered.
Steve Kennedy stated the Selectmen had received a
petition from people in the geographical area objecting to the
development. The Selectmen will turn it
over to the Planning Board and enter it into their record. He was unsure as to where all the signers of
the petition lived.
S. Kennedy asked the applicant if they had sold any
of these units or has anyone made a deposit yet?
Answer – No.
(It was noted it was not legal to do so.)
K. Swayze stated that this will be a Town Road and
they need to get together in a workshop session prior to bonding and final
approval to establish a Town surety procedure and method of construction
evaluation.
After discussion, the Board reached a
consensus that the pavement for the culdasac within the circle
will be 32 feet wide to allow for
additional parking for emergency vehicles and maintenance.
If
there was only a gravel shoulder, it would eventually become the Town’s
responsibility to pave it.
Paving
32 feet would be in the best interest of the Town. The Police Chief does not want to see people
parking in the emergency access areas. The Town Deptment are requesting a nominal 3
spaces per dwelling unit.
The Applicant will have to work out the
details. At least they will have an
opportunity for the UPS truck and
service vehicles to park, etc. on the road.
It was noted that the 55 years and older would be
within the deeds. The residents will
have to file an annual affidavit with regard to age of residents living there,
etc.
The Board noted they were looking for the best deal
for the town.
The Board expressed concern about having children in
the units which will impact the Town’s school system. Attorney McNicholas stated there is no
guarantee. A 55 year old man could have a 30 year old wife
with 2 or more school-age children. The
units are restricted to two bedrooms, which would be of some benefit. In addition, with a 90% over 55 requirement,
there is the possibility that only two units would have children. Mr. Perry stated that the units are going to
be sold through one realtor who will be encouraging seniors to purchase,
etc. Will not be encouraging families. Realtor will be trying to steer families to
other units in other towns instead of this one.
There is always the chance that some children will be in the units.
Alison Vallieres stated that the less children
within the units, the better for the Town School System. Would not want to see
this impact the Town School Budget.
There is always the possibility there could be all grandparents over 55
living in the units with two grandchildren each for a total of 32 children in
the worst case scenario. Would really
like to see some way of limiting the number of children. Senior housing in Manchester and Concord is
able to “not have children”, so there must be some loopholes.
The Board will continue this discussion at the next
meeting. The applicant will provide
additional copies of the rules and regulations which were submitted to the
Board so all members can read them.
Members
of the Planning Board comments:
George Holt noted that the applicants need to follow all the items outlined within the Site Plan Review application for the next meeting because that is what is going to be checked off. One of these items is impact to property owners in the area, impact to septic systems and wells within 200 feet of the property, including abutters. All these need to be on the plan with the septic systems, etc. Stated that they also need to notify all abutters within 200 feet of the property including properties across the street. The applicant stated they had notified Elsasser which was across the street. G. Holt noted it was not shown on the plan.
(At
the end of the meeting, Carter Higginbotham brought to the Board’s attention
that there was a report from Fairway Real Estate regarding neighborhood values
near condominiums.) (Attached)
K.
Swayze suggested that 250 feet from the construction area for location
of neighbors’ septic systems and wells might be more reasonable.
Based
on the above, the applicant requested a waiver to allow them to only locate
residents existing septic systems and wells 250 feet within the construction
area on the plan instead of 200 feet from the entire boundary as outlined
within the Site Plan Review regulations.
Subsequent
motion by Ken Swayze:
That
Dunbarton Planning Board waive the requirement of locating all septic systems
and wells within 200 feet of the property line on the plan and instead require
them to locate all septic systems and wells within 300 feet of the dwelling
unit construction area, including new
septic systems, excluding the road bed.
Carter Higginbotham seconded the motion.
The motion was by a majority with George Holt voting in the negative.
G.
Holt asked about a lighting plan. (Ken
Swayze noted lighting plan has been submitted.) Want to make sure the applicant is aware
they have to get their information to the Town 15 days prior to the
meeting. In addition, he noted that well
radius’ were not on the plan.
T.
Towne noted the Erosion Control Plan is encompassed within the Site Specific
application. Board will also need copy
of the Site Specific Proposal. The Town
will also need a copy of the septic plans.
David
Breault Comments –
Robert Perry indicated the adjacent lot has been
clear cut and they did in fact create their own problem. This is not a requirement but will try to do
the berm.
Steve Kennedy Comments:
Stated he wanted to make sure we can defend our
position re the budget for the road.
Would like the opportunity to deliberate for a length of time. R. Perry has general numbers but we need to
have a final number before final approval.
Road has not changed since the beginning.
We have talked about “at risk” status for building
this road and they would not be granted any building permits until the Town
accepts the road if this were the case.
The Town needs to take a more active role in the building of the
road. Want to have this road built like
all other Town roads.
Board noted there were two methods of construction,
“Bond” and “Not Bonded”. Don Mayo has to
inspect both ways. Jim Marcou noted this
road will be built to Town standards either way. .
Steve Kennedy stated this needs to be done before
the next meeting. (Ken Swayze, Selectmen
Kennedy, and applicant to meet regarding working out process for bonding.)
Carter Higginbotham Comments –
Noted that we are going to be out of time before the
next meeting and should be requesting an extension from the Selectmen for this
project. Based on this information the
following motion was made:
MOTION:
Carter Higginbotham made a motion that the Dunbarton
Planning Board request a 90 day extension for the Robert and Dorothy Perry
Proposed Multi-Family consisting of four buildings of four units each at
property located on Morse Road in the Low Density District in Dunbarton, NH in
order to obtain sufficient information for the development as requested by the
Planning Board. The motion was seconded
by Alison Vallieres. The motion passed
unanimously.
Alison Vallieres Comments –
Alison Vallieres stated she was concerned about the impact on the School System and the Tax Base with regard to an influx of children within the units. Is there a way to address this? Would like the applicant to look into somehow restricting the numbers of children allowed, etc.
Abutters were read and noted all had been notified
by certified mail:
Josephine Dailey – Not Present
Paul Belyear – Not Present
David/Justyn Constant – Not Present
Rudolf/Elizabeth Vallauri – Present. Stated he wanted to know if this was to be
apartments, condos or single family units, etc.
R. Perry answered these would be condos.
Mr. Valllauri stated that he wanted to make an
amendment that they only build one unit per year. He is concerned about water. If my well goes dry, who do I send the bill
to. Concerned about my well.
Daniel/Kathleen LaBonville – Present. Asked what the grade of the road would be in
relation to his property. Would it be up
or down from my property. With regard to
the berm, how much is the grade going to change. Trevor stated his property would be at
maximum 5 feet lower. Stated his
primary concern was headlights. Stated
he did clear cut his property because he thought the Perry lot was
unbuildable. He didn’t leave a buffer at
the time he cut his lot. I am going to
be looking at headlights all winter long.
There will be a reasonable flow of traffic out of there. Have concerns about water. Could test wells be put in to determine if
the water is there. Assume wells will be
drilled like all the other wells in the area.
With regard to the statement about 55 and over, the Board shouldn’t have
to even consider the market. With regard
to the Petition, the people that signed it were all in the direct vicinity of
the development and were people affected by the traffic. People in the area don’t want this kind of
development based on the other multi-family building in the area.
Robert and Denise Perry II – Present. (applicant)
Nathan Narus – Not Present
Richard/Catherine Racca – Not Present
David/Theresa Glannon – Not Present
Steven/Karen Elsasser – Present. This is the second time I have come that we have talked about having an impact on the school. In the beginning, this was going to have no impact on the school system. I would like to see what is going to be the final decision re who will be living there etc.
David/Beth Sedita – Not Present
David Wheeler – Not Present
Michael Petito – Not Present
W. G. Howard Associates – Present (Surveyor) Trevor
Towne
Schauer Environmental Consultants – Not Present
Other Members of the Public:
Paul Bruzga – Stated he was at the Labonville’s and
saw a water course flowing over the land.
That is only seen in the spring.
There are four water courses running across this property. Town has been very particular re
water and wetlands in the past. You have already decided this is going to
happen. I don’t see how you have a high
concern for this area. This will not
lessen the congestion of this area. In
addition, surrounding Robert Perry
properties have had problems with water and sewage and have had septic systems
completely replaced. Vallauri’s system
failed, Soriano’s septic flowed out of the ground. The apartment building septic system
failed. In 1978 the owner stated they had
problems with the septic system. Water is not unlimited. It is unfair to Vallauri and Labonville. Can you guarantee that they will have a
supply of water? What about a bond for
problems with water and sewage?
This is an unusual impact in a five acre Low Density District. Would rather see residential units. They have
stated the land was swampy and would not support houses anyway. Would rather see this Board deal with residential
homes instead of 16 units.
There being no further comment, the public hearing
was closed.
OTHER BUSINESS:
Kenneth Swayze and Steve Kennedy recused themselves from deliberations due to abutter status.
Stillwater Request for Reduction in Surety (Tucker
Hill Subdivision) – (attached)
After discussion amongst the Board, the following motion was made:
MOTION:
George Holt made a motion that the Dunbarton Planning Board approve the release of $81,500 to Stillwater Properties, LLC in accordance with approval from Don Mayo, Town Engineer. The motion was seconded by Carter Higginbotham. The motion passed unanimously.
Ken Swayze and Steve Kennedy returned to the Board.
MASTER PLAN:
It was noted that the next Workshop Meeting scheduled for Wednesday, August 6, 2003 at 7:00 p.m. at the Town Offices will be for the Master Plan Steering Committee with Planning Board business for the first half hour of the meeting.
There being no further business, the meeting
adjourned at 10:00 p.m.
Respectfully
submitted,
Alison
R. Vallieres
Secretary