DUNBARTON PLANNING BOARD
TOWN OFFICES –
The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Co-Chairman George Holt presiding. The following members were present:
George Holt, Co-Chairman
Kenneth Swayze, Administrator,
Planning and Zoning Department
Alison Vallieres, Secretary
Carter Higginbotham
Brian Nordle
Steve Kennedy, Selectman
Michael Poirier, Alternate
Dave Breault, Alternate
The
Acting Chairman, George Holt, 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.
Approval
of Previous Meeting Minutes:
Kenneth
Swayze amended the minutes to reflect the fact that Anita Gardner and Richard
and Marlene Kincaid were all present at the previous meeting.
A
motion was made to accept the minutes with the above amendment. The motion was seconded by Michael Poirier
and it passed unanimously.
CONTINUED
PUBLIC HEARING;
ANITA
M GARDNER AND RICHARD AND MARLENE KINCAID PROPOSED LOT LINE ADJUSTMENT (GARDNER
– B4-5-17) (KINCAID B4-5-11) LOCATED ON 25 AND 35 LONG POND ROAD IN THE LOW
DENSITY DISTRICT IN DUNBARTON, NH
Kenneth Swayze presented a Status Report of the Proposed Lot Line Adjustment. (attached)
Anita Gardner, Richard and Marlene Kincaid were present along with their Surveyor, Steve Bouchard. Mr. Bouchard presented the final plan, along with an 11” 17” plan (attached) for members of the Board with the corrections as requested by the Planning Board at their last meeting. He noted both lots would still have the required acreage and frontage after the Lot Line Adjustment was final.
MOTION:
Kenneth Swayze made a motion that the Anita M. Gardner and Richard and Marlene Kincaid Proposed Lot Line Adjustment (Gardner – B4-5-17) (Kincaid B4-5-11) located on 25 and 35 Long Pond Road in the Low Density District in Dunbarton, NH be approved as submitted this evening with the corrections as requested by the Planning Board. Michael Poirier seconded the motion.
DISCUSSION:
Steve Bouchard stated he was a licensed Land Surveyor and also a licensed Engineer. He stated the changes he made were based on the last meeting held on August 20. Stated he had done all the necessary corrections to the final plan.
Abutters were read as follows and noted all had been notified by certified mail:
Anita Gardner – Applicant, Present
Richard and Marlene Kincaid – Applicants, Present
Paul Cudy/March
Alfred/Wendy Ludvigsen – Not Present
E. Swindlehurst Revocable Trust – John Swindlehurst present. Stated he had a survey done in 1975 where it shows the east line (which borders on his line) did not have a bend in it. He stated it appears the stone wall has been moved onto his side of the boundary. Stated the subdivision was the William Merrill subdivision done in 1975 by a registered surveyor.
There was a discussion between John Swindlehurst and Steve Bouchard, Surveyor, regarding the situation. The Surveyor explained that he found a drill hole at a spot in the middle of the sideline where it was supposed to be and showed that on the final plan. He stated he was a licensed surveyor and would stand behind his work etc. He stated that monuments and physical evidence control. He stated the angle bound in the wall was always there.
John Swindlehurst stated there was definitely a discrepancy in the plan, according to his plan.
It was noted for the record that the policy of the Planning Board is that it does not get involved with boundary disputes.
At this point, John Swindlehurst stated again there was a discrepancy in the plan and left the meeting.
William/Cheryl
Norman/Joan Midgely – Not Present
Alan Rochenbach/Lori Davis – Not Present
Joe/Nancy Bruno – Not Present
Baseline Engineering and Survey – Surveyor for the applicant, Present
Other Members of the Public:
NONE
Members of the Planning Board:
Carter Higginbotham stated that if we have two surveyors here and both are Licensed Registered Surveyors, I don’t see that there is anything this Board can do.
Kenneth Swayze stated the Board is accepting a plan from a Licensed Registered Surveyor. Our business this evening is with the applicants and if there is a question of ownership, we have no jurisdiction to mediate a lot-line dispute.
Michael Poirier stated we don’t have to make a decision as to the survey.
Steve Kennedy asked the Surveyor if he was covered by malpractice insurance. The Surveyor stated he did not carry malpractice/liability insurance but would have to assume what is in front of you is the truth. Stated he is a licensed surveyor and stands behind his work, etc.
The Surveyor presented a copy of a previous subdivision done in 1985 by a licensed surveyor showing the Kincaid property with a drill hole at the same location on the east boundary.
The motion passed unanimously.
NEW BUSINESS:
RECEIPT AND ACCEPTANCE OF NEW
APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:
MARTHA HAMMOND (E3-1-2, 3
& 5) PROPOSED FIVE LOT SUBDIVISION LOCATED ON MANSION ROAD IN THE LOW
DENSITY DISTRICT IN DUNBARTON, NH
Kenneth Swayze presented a Status Report of the Proposed Hammond Subdivision. (attached)
Kenneth Swayze requested full Board deliberations regarding acceptance of application.
At this point in the meeting, Margaret Senter stated she felt they had a wrong address for her or that she was not on the list of abutters because she had not been notified. The Secretary verified that she was on the abutter’s list, but that her address was shown as 1062A Gorham Pond Road. She stated that was incorrect. She also stated she heard about the subdivision when she was at the Town Office the previous day while registering her car.
The Board asked her if she felt by being present at the meeting that she had been adequately notified. She stated that as long as no final action will be taken this evening, she would consider she was notified but not fully notified.
Board Discussion:
The Board noted that their current policy was not to allow shared driveways and this proposed subdivision has a shared driveway.
Michael Poirer stated that the application was not ready. Stated he had seen other applicants turned down for similar and lesser omissions from the applicants. Felt we should tighten down on applicants and treat all the same. It does appear there are some major things missing from this application.
George Holt stated that we have people sitting here to talk about this subdivision.
Dave Breault stated he would like to see the abutters get a word.
Carter Higginbotham – Stated that we need to be consistent. Being consistent has been my major concern over the past year. I would not accept the application in order to provide abutters’ comments. The abutters will be able to make their points known at the next meeting or submit comments in writing.
George Holt – Asked if the application goes forward or if this is not accepted, do we feel we have given the applicants enough guidance.
The Board agreed that they had given the
applicant adequate guidance on the requirements.
MOTION:
Michael Poirier made a motion
that the Dunbarton Planning Board not accept the Martha R. Hammond proposed
five lot subdivision application at this time because of omissions in the
application and come back to the Board at the next meeting with a complete
application. David Breault seconded the
motion. The motion passed unanimously.
ALFRED AND DORIS MICHAUD
(F5-1-2) PROPOSED FOUR LOT SUBDIVISION AND CLARA HOLDEN (B4-6-1) LOT LINE
ADJUSTMENT LOCATED ON ROBERT ROGERS ROAD AND STONE ROAD IN THE LOW DENSITY
DISTRICT IN DUNBARTON NH
Kenneth Swayze presented a Status Report on the proposed subdivision. (attached)
MOTION:
Kenneth Swayze made a motion
that the Dunbarton Planning Board not accept the application for the Alfred and
Doris Michaud (f5-1-2) Proposed Four Lot Subdivision and Clara Holden (B4-6-1)
Lot Line Adjustment located on Robert Rogers Road and Stone Road in the Low
Density District in Dunbarton, NH because of deficiencies in the
application. Brian Nordle seconded the
motion. The motion passed
unanimously.
George Holt – Noted there were major flaws in the plan. Stated that in order to do the subdivision, they had to annex but there is no intent on the plan. Second concern is that we are in the process of developing a substandard lot. For these reasons, I would recommend not accepting the application.
CIMRAY (C6-4-5 & 6)
(FORMER VANDEBOGART SUBDIVISION) PROPOSED LOT LINE ADJUSTMENT LOCATED ON JAY
DRIVE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, Kenneth Swayze recused himself from the discussion because he works directly with the VandeBogarts’.
The Chairman noted the following members would be voting on this issue this evening:
George Holt
Alison Vallieres
Michael Poirier, Alternate for Ken Swayze
Carter Higginbotham
Brian Nordle
Steve Kennedy
David Breault, Alternate for Jim Marcou
(Status report attached.)
The Board noted that basically these lots do not yet exist. The applicants are trying to adjust a lot line between two lots. This is a paper change on a plan that has not yet been filed. This does not affect any other permits received, etc. Strictly in-house. Does not affect the lot size or the 300 foot frontage. Just moving an interior lot line. Not even an application basically.
Jacques Belanger, Surveyor, stated we are shifting a lot line by one hundredth of an acre. Very minimal.
MOTION:
Michael Poirier made a motion
that the Board accept the request for a Minor Modification to Approved Plan of
Lots #5 and #6 on the future Jay Drive.
Steve Kennedy seconded the motion.
The motion passed unanimously.
The Board reviewed the plan submitted.
The abutters were read as follows and noted all had been notified by certified mail:
Cimray Homes – Applicant, Present. Represented by Gary Chicoine and Jacques Belanger, Surveyor
Mary Carlisle-Stadelmann, Trustee – Not Present
Jan VanDeBogart – Not Present
Thomas Giovagnoli – Not Present
Joseph/Dianne Richards – Not Present
Kathryn M. Larson Trust – Not Present
Pauline/Dennis Ballargeon – Not Present
Schauer Environmental Engineering – Not Present
Town of Dunbarton – Present. (Steve Kennedy, Board of Selectman)
Members
of the Public:
NONE
MOTION:
Brian Nordle made a motion
that the Dunbarton Planning Board accept the adjustment between Lots 5 and 6 of
the previously approved plan of CIMRAY HOMES, LLC (Former Vandebogart
subdivision) as presented this evening.
Steve Kennedy seconded the motion.
The motion passed unanimously.
OTHER BUSINESS:
Stillwater – request for
reduction in surety (tucker Hill Subdivision)
Kenneth Swayze came back to the Board briefly to explain that the Town did not receive the request from Stillwater in time to have Don Mayo’s report.
Kenneth Swayze again recused himself from the Board for the Stillwater discussion due to abutter status. Steve Kennedy also recused himself due to abutter status.
The matter will be considered
at the next Workshop Meeting of the Planning Board to be held on Wednesday,
October 1, 2003.
There was considerable discussion about signage requirements on Everett Road and Mansion Road. The Police Department has submitted a report outlining physical difficulty in placing signage at Everett Road and Route 13. Can only recommend where they feel signs should be. The Board of Selectmen is involved with Mrs. Zeller regarding her concerns. Stillwater is very cooperative except they need help relative to signage on Everett Road. (Both State DOT and Town issue) Have also requested a “Curve Sign”. Will be discussed at Thursday’s Selectmen’s meeting.
Carter Higginbotham stated that signage needs to go up for safety reasons.
MIKE BROWN, CIMRAY HOMES –
DISCUSSION RE BONDING REQUIREMENTS FOR PHASE II, JAY DRIVE (FORMER VANDEBOGART
SUBDIVISION) LOCATED ON MONTALONA ROAD (TAX LOT C6-3-2) – DISCUSSION RE RELEASE
OF BINDING ON PHASE I PENDING ACCEPTANCE OF ROAD BY SELECTMEN
Kenneth Swayze recused himself from the Board for the CIMRAY discussions.
(Status Report Attached)
The Chairman noted the following members would be voting on this issue this evening:
George Holt
Alison Vallieres
Michael Poirier, Alternate for Ken Swayze
Carter Higginbotham
Brian Nordle
Steve Kennedy
David Breault, Alternate for Jim Marcou
Gary Chicoine, representing Mike Brown was present. He stated they have done everything on Phase I. The shim course of pavement has been completed on 9/15/03.
Gary Chicoine stated he had a signed deed for the road. He was instructed to give it to Ken Swayze, Administrator, Planning and Zoning. Ken Swayze stated he had reviewed the deed and it was acceptable. The deed is for the entire road.
DISCUSSION:
George Holt stated he would hesitate to try to have the Planning Board assess remaining value of incomplete work.
Steve Kennedy noted he had not seen the finish asphalt coat but had been to the site. The Selectmen want to see if the finish coat will hold up over the winter, so would hold some of the funds for that purpose. Whatever remaining monies would be held over for Phase II. The Bond is for $27,500 total. Selectmen’s Office will be accepting Phase I and would recommend that we hold monies for Phase II.
George Holt stated the Planning Board would assign the Selectmen the Bonding issue.
Gary Chicoine stated the drainage has been accepted by Don Mayo. He stated he would think it would be prudent for the Selectmen to hold some money from Phase I and flip the balance over to cover Phase II.
Brian Nordle stated that he looked at the road today and it looked good.
Steve Kenneth noted during CIMRAY discussion “that to his knowledge not all the granite bounds have been set, especially the rear lot lines.” Jacques Belanger concurred.
Still need to shim the shoulders. The Selectmen will administer the Bond.
Gary Chicoine agreed on behalf
of Mike Brown to allow the Town to “flip” whatever necessary portion of the
$27,500 over into Phase II.
MOTION:
Brian Nordle made a motion
that the Dunbarton Planning Board acknowledge the status of construction of Jay
Drive, Phase I and Phase II as shown on subdivision plans approved October 17,
2001 by the Dunbarton Planning Board (Tax Lot C6-3-2, former Vandebogart
subdivision), be considered as “substantially complete for purposes of Class V
roadway acceptance” by the Town of Dunbarton, Board of Selectmen with the
understanding that the following is incomplete and/or pending further review:
Phase I:
1. The
contractor has added loam, seed and mulch at areas noted as having
unsatisfactory growth in report of July 2, 2003. These areas should be monitored to verify
satisfactory growth. (Estimate 10% of
slope and ditch areas reseeded).
2. Complete
placing and grading shoulder material (after placing top course of pavement).
3. Install
marker posts at culvert inlet and outlet locations.
4. Complete
road signage.
Phase II:
1. Place top wearing course of pavement (1” thick).
2. The
contractor has added loam, seed and mulch at all slopes and ditches on the
project. These areas should be monitored
to verify satisfactory growth.
3. Complete
placing and grading should material (after placing top course of pavement).
4. Install
marker posts at culvert inlet and outlet locations.
5. Complete
road signage.
And further move that the
remaining surety posted for construction of said roadway, in the amount of
$27,500 and held by the Town of Dunbarton , be released to the sole authority
and control of the Board of Selectmen for the purposes of administering and
enforcing provisions of the policy of accepting new Town roads, insofar as such
provisions comply with the terms of the original subdivision approval (re: Jay Drive, former Vandebogart subdivision).
This motion is further subject
to the condition that all other requirements have been met, including but not
limited to, all deeds and other legal instruments being prepared, reviewed, and
subsequently filed at the Merrimack County Registry of Deeds.
Michael Poirier seconded the
motion. The motion passed
unanimously.
Steve Kenneth noted during CIMRAY discussion “that to his knowledge not all the granite bounds have been set, especially the rear lot lines.” Jacques Belanger concurred.
VandeBogart Request for
return of Remaining $2,500 for Reclamation Bond:
The Board noted that if the purpose has been served for the Reclamation Bond, it should be returned.
Steve Kennedy recommended they pass it on to the Selectmen and let them deal with it.
MOTION:
Steve Kennedy made a motion
that the Planning Board turn the matter of returning of the VandeBogart $2,500
Reclamation Bond to the Selectmen to be considered by the Selectmen for
disbursement. Michael Poirier seconded
the motion. The motion passed
unanimously.
Kenneth Swayze returned to the Board.
MASTER PLAN UPDATE:
Brian Nordle reported that the Master Plan was proceeding. At the next meeting to be held on Monday, September 22, 2003, the final questionnaire will be reviewed.
Alfred and Doris Michaud,
Limited Non Binding Discussion:
Jacques Belanger, Surveyor, noted the problem is with access to the property. He stated that Clara Holden has agreed to a Lot Line Adjustment to allow improvements to the Class VI road. It is also a Scenic Road.
George Holt asked if the stone wall would be moved. J. Belanger stated it would be moved, if required.
George Holt noted that the Lot Line Adjustment would be adding acreage to an already non-conforming lot.
The Board noted that road improvements would have to be done primarily on only the Michaud side of the road. The other lots on the other side of the road access through a private road system and not Stone Road. This was the Burnside Subdivision.
Carter Higginbotham stated that you can’t draw Building Permits on a Class VI Road unless you do improvements to a Class V Standard.
Jeff White, Chuck Sargent and James Soucy had questions regarding the Subdivision.
Steve Kennedy stated that the Selectmen are in charge of existing Town Roads and Scenic Roads and are concerned about Scenic Roads being taken away or otherwise compromised.
There being no further business, the meeting adjourned at 9:00 p.m.
Respectfully submitted,
Alison R. Vallieres
Secretary