DUNBARTON PLANNING BOARD

WEDNESDAY, APRIL 21, 2004

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

Kenneth Swayze, Admin., Planning and Zoning Department

Alison Vallieres, Secretary

Merton Mann, Selectman

Brian Nordle

Michael Poirier

David Breault, Alternate

The Chairman verified with the Secretary that the meeting notice had been posted in three public places throughout the Town and published in the Concord Monitor for one day. In addition, the public notice appeared on the Dunbarton Web Site.

Approval of Previous Month’s Minutes – Wednesday, March 17, 2004

Brian Nordle made a motion that the Dunbarton Planning Board approve the minutes of the March 17, 2004 regular meeting of the Dunbarton Planning Board as written. The motion was seconded and passed unanimously.

OTHER BUSINESS: (ROAD ISSUES)

GREGORY/HOPE ARCE (E3-2-47) DRIVEWAY MODIFICATION, TUCKER HILL ROAD IN DUNBARTON, NH

Kenneth Swayze presented a copy of the Proposal from the Gregory Arce which include a map of Lot #47 within the Stillwater Subdivision, Tucker Hill Road (attached). He stated it was a Minor Modification for an existing lot previously approved within the Stillwater Subdivision. The letter from the applicants stated they had decreased the south grade to a 3:1 slope and would like to install large rocks along the south edge of the driveway extending approximately 175 feet from Tucker Hill Road. This would be in place of the proposed guardrails which were on the original plan as approved by the Planning Board. This is before the Board because it is a change from the approved plan.

Brian Nordle stated the bollards as presented should work to protect the electrical transformer.

George Holt asked if the applicant was present. At this point in the meeting the applicant appeared before the Board.

Kenneth Swayze stated the driveway is not finished at this point. The Building Department will not give him a Building Permit until this is approved by the Planning Board, and the work is completed.

Brian Nordle stated that if you put rocks in, you should have a 30 foot safe zone. We want to make sure that the rocks are extended. The guardrails are designed to flex whereas the rocks don’t.

Michael Poirer stated he can’t see how the guardrails would have protected because of this. They want to put rocks instead of guardrails and will change the slope from 2:1 to 3:1.

Kenneth Swayze stated that there is no driveway in Town that has guardrails. This is the first.

James Marcou stated the core issue is that they are adequately addressing the reasonable safety issue.

Kenneth Swayze stated the rocks should be 5-6 feet apart.

George Holt stated this was a condition of the subdivision set forth and there was a design for this driveway, and this is the way it should be. No changes.

Brian Nordle stated he went down there. Don’t really know if your driveway got moved over. The driveway has been there. Just want to make sure the rocks are back 30 feet from the road and guard rail.

George Holt – Are we changing this? How can changes in the field be made? We set this up as a condition of approval and now we are back pedaling. Would like to see it on a plan. I am not being too demanding on these guys.

Kenneth Swayze stated we discussed this lot prior to this man owning it. The developers asked for some relief on this. We have many driveways equal or worse than this.

James Marcou stated they have increased the slope so it is less. Are we asking for a revised plan of this “as built”? Should they certify there is a 3:1 slope and certify that the changes are consistent with the approval.

George Holt stated the owner knew about this when they bought the lot.

James Marcou, Chairman, noted the following would be voting members on this particular issue:

James Marcou, Chairman

George Holt

Michael Poirier

Alison Vallieres

Brian Nordle

Kenneth Swayze

Merton Mann

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the request to replace the guardrails with safety rocks and bollards at the utility pedestals, and require that the Owner provide an “as-built” plan on the finished work. Michael Poirier seconded the motion.

Board Discussion:

George Holt stated when they provide the plan, are we going to review this. (Kenneth Swayze, Brian Nordle and George Holt have all been out there)

The Board noted that since it leaves the Town property, it would be up to the discretion of the Building Department or the Road Agent.

George Holt stated he just wanted to make sure they don’t go ahead and build something, and it actually will not be a good driveway.

Kenneth Swayze stated there has to be a driveway in place prior to any CO being issued. He will ask the Road Agent to do an inspection of the driveway prior to the issuance of the CO.

George Holt asked if there was any encroachment on wetlands. Is that something the Building Department looks at?

Kenneth Swayze stated the culvert has already been put in, and the Conservation Commission or NHDES should look at it if they wish.

It was determined that encroachment on wetlands is not an issue.

The motion passed unanimously after the discussion.

RICHARD KEEFE (I 1-1-11) – DETERMINE BONDING REQUIREMENTS FOR THEIR PROPOSED ROAD COMPLETION. (PLANNING BOARD TO REFER A REQUEST FOR ACCEPTANCE TO THE BOARD OF SELECTMEN) LOCATED OFF CONCORD STAGE ROAD (ROUTE 77) IN DUNBARTON, NH

James Marcou, Chairman, noted the following would be voting members on this particular issue:

James Marcou, Chairman

George Holt

Michael Poirier

Alison Vallieres

Brian Nordle

Kenneth Swayze

Merton Mann

Kenneth Swayze, Admin., presented a letter from Richard Keefe, applicant, presenting a “Schedule of Values” for “North Woods Road” with a total value for the Bond of $24,267. (attached) In addition, two letters from Don Mayo, Town Engineer, were presented regarding the request. One letter listed the work to be completed. (attached)

Kenneth Swayze stated that he and Don Mayo had discussed value for the road being completed for the Bond and they had both determined that $33,000 - $35,000 would be the value that the Town should require bonding for so the Town would be protected. Once the Bond is issued to the Town, it would allow Building Permits to be issued and the sale of lots.

In addition, Don Mayo, Town Engineer, has included a letter stating that the granite curb which is shown on the final plan should be eliminated. He has stated that the roadway without curbing is preferable due to ease of plowing snow and reduced slope erosion caused by roadway drainage concentrated at the end of curbing.

Michael Poirer asked if we have changed where the road was supposed to go. When they did the plans they knew this. Should we have a letter from the abutter stating he is agreeable with this?

Richard Keefe stated that Don Mayo said he preferred he not put in the curbing. This is why we are not doing it.

Michael Poirer, Brian Nordle and Kenneth Swayze agreed to let the matter stand as presented.

Michael Poirer asked how many lineal feet of road is involved.

Keefe stated 2400 feet of road.

Kenneth Swayze noted that their estimates for the road completion were between $8,000 and $10,000 higher than Keefe’s.

Richard Keefe agreed to post the appropriate bond in the amount that the Town would require.

MOTION:

Kenneth Swayze made a motion that the Town of Dunbarton require a Bond in the amount of $33,000 per the remaining work outlined in Don Mayo’s letter. Brian Nordle seconded the motion.

Board Discussion:

George Holt stated he would like to add something. Would like to see signs in place before the first bit of work gets done.

The Board noted the Selectmen will handle this.

Richard Keefe stated that the State suggests a minimum 30 mph sign on the road. He feels this is too fast for the road. Would suggest that it be no more than 25 mph.

It was noted there are statutory speed limits throughout the State. Keefe should talk to the Police Department.

Richard Keefe asked when he could get the approval. Kenneth Swayze responded when the Town receives the Bond, we would finish the plan review, get a final mylar signed, and file the plan.

George Holt – When do we look at the conservation easement?

Kenneth Swayze noted that when the easement is correct. The plan and deed work all goes to the Registry for recording. The Conservation Commission can review it prior to it going to the Registry.

The motion passed unanimously after the discussion.

At this point in the meeting, James Marcou, Chairman, announced that the Dunbarton Planning Board had received two petitions from the Public with regard to the updating of the Subdivision Regulations on April 7, 2004. He stated he was directing the Secretary to schedule this item for discussion at the next appropriate meeting. He stated the Board would not be dealing with these petitions this evening.

PUBLIC HEARINGS:

DENA L. BROWN (D3-4-6) AND JOHN C. BROWN (C3-5-2) PROPOSED LOT LINE ADJUSTMENT OF LOTS LOCATED ON FLINTLOCK FARM ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

James Marcou, Chairman, noted the following would be voting members on this particular issue:

James Marcou, Chairman

George Holt

Michael Poirier

Alison Vallieres

Brian Nordle

Kenneth Swayze

Merton Mann

Kenneth Swayze presented a Status Report on the proposed Brown Lot Line Adjustment. (attached)

John Brown was present for the public hearing. He stated that Dena Brown was out of the State. In addition, his surveyor was not present.

The Board noted they required amendments as follows on the plan:

1. Signature/acknowledgement lines by both parties (all owners)

2. Confirmation that all monumentation is complete.

There was no discussion from Board members.

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

Gerald/Lillian Williams – Not Present

Marion McNeill – Not Present

Lewis Revocable Living Trust – Not Present

James Thomas Campbell – Not Present

Eleanor Swindlehurst Revocable Trust – Not Present

John Swindlehurst Revocable Trust – Not Present

Sara Zorn Revocable Trust – Not Present

Carl J. Metzger/Heather Pharo-Metzger – Not Present

William/Delanie Brenhan – Not Present

Michael G./Deborah Auger – Not Present

Dahlberg Land Services Inc. – (applicant’s surveyor) Not Present

MOTION:

George Holt made a motion that the Dunbarton Planning Board accept the Dena L. Brown ((D3-4-6) and John C. Brown (C3-5-2) proposed Lot Line Adjustment of lots located on Flintlock Farm Road in the Low Density District in Dunbarton, NH as presented this evening with noted requirements. Brian Nordle seconded the motion.

Mr. Brown stated that he will provide a corrected plan with the required changes to the Planning Board as soon as his surveyor is available.

After discussion by the Board, the motion passed unanimously.

CONTINUED PUBLIC HEARING - SITE PLAN REVIEW AND SUBDIVISION:

REDML DEVELOPMENT, LLC (ROBERT AND DOROTHY PERRY) (D6-3-11) PROPOSED MULTI-FAMILY BUILDINGS CONSISTING OF FOUR BUILDINGS OF FOUR UNITS AND ONE WITH THREE UNITS FOR A TOTAL FIVE BUILDINGS WITH A TOTAL OF NINETEEN (19) UNITS FOR SENIOR HOUSING AT HIS PROPERTY LOCATED ON MORSE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH AND SUBDIVISION (ROADWAY AND CONDOMINIUM UNITS) AND LOT LINE ADJUSTMENT

James Marcou, Chairman, noted the following would be voting members on this particular issue:

James Marcou, Chairman

George Holt

Michael Poirer

Alison Vallieres

Brian Nordle

Kenneth Swayze

Merton Mann

Kenneth Swayze, Admin., presented a Status Report on the REDML Development, LLC (Robert and Dorothy Perry)(attached). He stated that new plans have been received and the condo documents have been received by Town Counsel. The only item outstanding is the Planning Board’s granting of a Waiver for length of road. (request from Eric Mitchell, Engineer, attached)

WAIVER/VARIANCE REQUEST:

At this point in the meeting, James Marcou, Chairman, read the requirements of the Variance/ Waiver from the Subdivision regulations as follows:

Variances

“Where strict conformity to the Subdivision Regulations would cause undue hardship or injustice to the owner of the land, a subdivision plan substantially in conformity with the Subdivision Regulations may be approved by the Board provided that the spirit of the Subdivision Regulations and public convenience and welfare will not be adversely affected.”

MOTION:

Brian Nordle made a motion that the Dunbarton Planning Board approve the request for a Waiver/Variance for road length as submitted by Eric Mitchell, Engineer, on behalf of REDML DEVELOPMENT, LLC. Kenneth Swayze seconded the motion. After discussion by the Board, the motion was passed by a majority with the following vote:

A. Vallieres - Yes

B. Nordle – Yes

K. Swayze – Yes

J. Marcou – Yes

M. Poirier – Yes

M. Mann – Abstained

George Holt – Abstained

James Marcou, Chairman, noted that the Perry Application was now considered complete with the appropriate granted Variance/Waiver.

Eric Mitchell, Engineer, presented the final plan and stated that it had been reviewed by Don Mayo, Town Engineer. Plans are also at the State for review.

Eric Mitchell stated that because they have gone from 16 units to 19 units, the Water Supply process has undergone a change. The project will be subject to Water Supply approval. This is not an approval we have talked about in the past. There were previously three proposed wells. With the three wells, it did not require a state permit.

Eric Mitchell stated the State feels they had much rather have a permit for 15 or more service connections. With over 25 people, with two wells on this property, you would not need a State approval. They believe that by having three wells divided between the occupants is skirting the issue. Have worked out with Water Supply to submit a Water Supply application. One well will have a 150 feet protective well site radius. The requirement for the Water Supply approval is to be tested for water quantity before issued of a Water Supply approval. The other two permits will follow. Where we have already met the Town Engineer’s comments, would ask the Board for conditional approval pending State approval for Water Supply. The State approval is something that is just a stamp. The States makes sure there is an adequate supply and good quality water prior to issuing the permit. The plans would not be signed and no houses would be built until this approval is received. I also have the documents regarding the age requirements, but don’t know if you have time to review at this time.

Board Questions/Comments/Discussion:

The Board asked how close to the existing culverts on Morse Road were the Drainage Swale #1 and #2.

Eric Mitchell located them on the map.

Brian Nordle – Asked about the culvert to the east; there is already a little ponding there. Would try to prevent ponding next to the slope. Would like to be sure that it is forced away from the slope. Capacity of culverts are sized? Existing roadway was never fine tuned.

Eric Mitchell replied they will have to do some site improvements and can be corrected.

George Holt – Stated he saw the plan dated 4/6 and it still had your old well radii.

Eric Mitchell stated this was the one well. Three wells were sited before. The well with the 150 well radius is the primary well. This has been submitted to the State for the water supply line.

David Breault – Regarding Morse Road and the corner, has safety concerns. Even the police chief has said he has safety concerns. Asked if there were plans to put signs up.

K. Swayze indicated the applicant will have signs put up in the development. The Town will coordinate signs for Morse Road and the applicant will have to put street intersection signs up.

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

Josephine Dailey – Not Present

Paul Belyea – Not Present

David/Justyn Constant – Present. Stated he was upset about everything that is going on. Just want to make sure the Planning Board has figured everything out. Have they checked on all the engineering? This is a huge impact on the road. Have they covered all the angles when they approve this? I just don’t think it is an appropriate location on Morse Road. The road is very narrow. The driveway has a “heck” of an incline. Don’t feel the road can handle that kind of volume. Don’t feel it is appropriate for the area.

Rudolf/Elizabeth Vallauri – Present. Stated he was here last in September. Back then there were 4 buildings with 16 proposed units, now we have 5 buildings with 19 units. Why is this? Who do we send the water bill to when our wells fail? What if we run out of water?

George Holt – Stated that part of the permit , is that there will be no adverse affect on the wells. If there is, they need to come up with a different plan. A big part of the decision is that they can provide quality and quantity. It is a fairly involved process.

Ken Swayze stated the applicants are going to tear down the existing duplex to accommodate the requirements of the Planning Board and that entitles them to additional units on the site. They have merged that lot with the larger one.

R. Vallauri stated this is an awful impact on the area.

Robert/Denise Perry II – Present. (applicant)

Michael Petito – Not Present

David/Beth Sedita – Not Present

Daniel/Kathleen Labonville – Present. Asked what the Board was granting a Waiver for. What requirement were they not going to meet?

The Board explained they needed a Waiver for the length of the road, which is 2,400 feet.

Nathan J. Narus – Present. No comment.

Richard/Catherine Racca – Not Present

David/Theresa Glannon – Present. Asked what the classification for these units was now? Are they 55 and older or what?

Attorney McNicholas stated the condo documents have changed. When the project started, they were to be 80% over 55 years of age. Now they are to be 100% over 55 years of age. This means that 100% of the units must be occupied by a person 55 years or older. The residents of the condos must report to the Town of Dunbarton on an annual basis with documentation as to proof of age.

David Wheeler – Not Present.

Steven/Karen Elsasser – Present. Mr. Elsasser stated his big concern is the water coming down on his property. What guarantee do I have? I don’t have a looking glass. What guarantee do I have that my water will remain safe?

Eric Mitchell explained that when they apply for State permits, it requires us to do sediment and erosion control. Adjacent properties do not get any additional water on them. We have treatment swales. We can’t have additional runoff going on your property. We also have detention basins wherein the water is split. We can’t have water from our property go on to yours. The drainage calculations have been reviewed by the State and the Town Engineering Consultant so that we have reduced the amount of water.

Mr. Elsasser stated, you are saying there will be no additional water going on my property.

Eric Mitchell stated there should not be an impact on your property.

Karen Elsasser – Stated that the group of neighbors got together and hired a Consulting Law Firm. Presented a letter from Scott F. Hogan of Baldwin, Callen & Hogan which she read into the record. (attached) She stated they have all spoken their piece. Would like to get the matter resolved and move on. Want to make sure the Planning Board does the following before voting:

1. Look at the big picture. Truly, if you are looking at it from my house, it will have an impact. One extra car will have an impact and that is all I am asking.

2. The fact that the Zoning changed this last Town Meeting, does that have any impact on this?

J. Marcou stated that the Board had held meetings and Public Hearings on the Perry Proposal prior to the consideration of the restricting multi-family developments to Routes 13 and 77, therefore the Perry Project was exempted from that Zoning Change.

K. Elsasser stated that this would be forcing her out of her home. I understand that these big landowners have the right to do what they want with their own land. All the same, you have a responsibility to your neighbors and to your community.

Mr. Constant – There will be 19 units coming in. What is the buildable acreage they need?

K. Swayze stated the need 2.75 acres per unit. They have the required amount of acreage.

General Public Questions/Comments/Discussion:

Lee Richards – Stated that he would direct his question back to George Holt. Will the members be aware when the well test was done? Is that going to be one big test? Should that be a pumping test? Is it the responsibility of the Planning Board to look at this?

George Holt – We should be able to have some testimony

Lee Richards – Should set some sort of condition that such a test would be done.

James Marcou stated they have to have the well test done. I would certainly think that part of this process would include the Planning Board be involved in the results.

Kenneth Swayze stated they will transfer the result of the test to the Building Department. Part of the test should include information that there is no impact on the neighbor’s wells. Depends on how they define those wells. Do you have a backup? Two wells may not be required for this type of flow.

Michael Poirier – How many gallons per minutes is required?

Eric Mitchell stated you have to have a certain amount of flow.

Mert Mann – Stated that there will have to be State Permits, septic system permits, and sub-surface permits. There will have to be no adverse effects on surrounding landowners.

Kenneth Swayze – said the State tends to be pretty thorough. You would have to call the State.

George Holt – No adverse impact on surrounding properties and to demonstrate there will be no adverse effect.

K. Swayze noted there will be two layers, the Planning Board and the Building Department.

Labonville – Asked if it was reasonable to put this many houses on this amount of property. This could not be built out traditionally. The only way you can do it is a PRD. Would rather see single family houses. This is part of the reason I bought my house. We lived in a Town House once. I don’t like the idea there is going to be a road in my back yard now.

Tom Gendron – Asked how big are the units?.

The applicants stated the units are two bedroom maximum.

Tom Gendron stated some people put ten people in a bedroom, etc. There could be kids in one unit. Going to be a significant impact. I just moved to the area. It is a big impact. Who is going to govern how many people will live in the units?

Jim Marcou – They will have to report to the Town.

Gendron stated building individual homes would be better.

Lee Richards – Would like to make a comment in favor of the cluster arrangement. It does preserve a lot of open space. This is what the Land Use Sub-Committee of the Master Plan talked about last night. Preserving open space.

The public hearing was closed at 8:30 pm.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed merger, lot-line adjustment, subdivision, and site plan application of ROBERT AND DOROTHY PERRY (REDML DEVELOPMENT LLC), Tax Lot Nos. D6-03-11 and D6-03-15: consisting of a 19 units, 5 buildings, adult community multi-family clustered project on approximately 57 total acres, including approximately 2,400 lin. Ft. of new roadway to be dedicated to the Town. Located on Morse Road in the Low Density (5 acres) District; to be known as “Grandview Estates”.

Subject to the following conditions:

1) Submittal of a final, technically accurate and graphically correct plan-set representing presentations to the Board, and incorporating any and all additional requirements established during deliberations with the Board (per minutes).

2) Approval and receipt of all other required local, State, or Federal permits, including, but not limited to: NHDES subsurface (septic system) approval, NH DES Water Supply test and approval, and NH DES Site Specific. There shall be no change(s) to the base plan(s) without re-consultation with the Planning Board, as a result of such other permit approvals.

3) Payment of all fees and costs associated with the Dunbarton Planning Board application process.

4) The satisfactory excavation, blasting, grading and construction of the roadway system rough base for the entire length, including cul-de-sac termination, of the proposed road. This work is to be within 2 ft. of finished grade and shall include all preliminary and “underlying” work such as drainage structures, piping, and associated requirements. (This requirement, in lieu of allowing the posting of a bond, is due to the unpredictable cost assessment of the project roadway through extensive cut, fill, and ledge areas.)

5) The posting of a $5,000 renovation/reclamation bond to account for any unmitigated environmental site damage.

6) Upon the satisfactory completion of constructing the rough road-base (No. 4, above), the posting of a surety in the amount of $250,000, plus a 10% escalation factor, for the remaining construction of said roadway, and related improvements; provided an appraisal value of such remaining work does not exceed the base surety amount of $250,000. Any required increase, or requested decrease in surety amount shall be established by the Dunbarton Planning Board.

7) The execution of an agreement and schedule outlining required inspections and construction procedures for all work covered by the approved Site Plan, including an identification of those associated costs to be paid by the applicant, for such inspections and/or consultant review, and establishment of an escrow account.

8) The review and approval of the New Hampshire Attorney General’s Office with regard to adult community/subdivision/condominium documents as submitted by the applicant.

9) Preparation, submittal and filing of all Deeds, legal instruments, and/or other documents required or intended to be filed at the Merrimack County Registry of Deeds; in such content and form acceptable to the Town.

The motion was seconded by Brian Nordle.

Board Discussion:

Kenneth Swayze stated this project does have some concerns. There are some defects and the abutters have spoken well to that. Last night we spoke of Cluster Development at the Land Use Committee Meeting of the Master Plan. It does keep the Wetlands intact. It is not directly on the main road. There will be an impact. The engineering will amount to an improvement to the road area. There is an undercurrent as to the status of prior Perry work in that area in the past. There are questions about the integrity of the work which was done. The Town will watch this project. James Marcou – Stated we have a responsibility to satisfy ourselves that we have substantially met the Subdivisoin regulations and make sure it is within the spirit of the Town of Dunbarton.

Brian Nordle – Now the multi-family zoning change requires that they be located on Routes 13 and 77. I kind of resisted and felt it put a damper on any cluster development. NIMBY syndrome and it works for me too. Every Saturday morning, I choose to walk there. Twenty years ago I remember coming up Morse Road and also Montalona Road. You see single family homes there now. I agree, some of the abutting properties have been clear cut. The applicants have chosen to. Now the developers have to put in berms. Don’t rule out cluster and/or multi family units. I don’t believe the value will go down in this neighborhood. The new generation will do an awesome job on this development. You will not stop growth. Most folks will drive by and not even know it is there set back where it is. It will be closed in. This is just my opinion.

George Holt – This project is a concentration of houses in a single area. With regard to a PRD, I don’t see why it doesn’t require a Special Exception. This is something I don’t understand.

Ken. Swayze stated that Legal Counsels on both sides have agreed to this, and the developers do not refer to it as a PRD. The multi-family density allows this density. You can put 40 units if you have the acreage.

George Holt – Stated he has forgotten how we got here. There is one single road with multiple units on it.

James Marcou – Legal Counsel agreed that this met the multi-family unit requirement at the time.

George Holt – It would be different if they want to put a couple of houses in. In addition the Water Supply permitting process is pretty rigorous. Would like to see that we are involved. However, I would not like to see this voted on conditionally this evening. Stated his opinion is they have a fair amount of risk, and their whole situation could change. I am not going to vote for this conditional approval.

James Marcou stated we have sat here for 13 months discussing this piece of property and my opinion is that it is a well thought out project. The applicant has been very cooperative with the Board. This project does meet the requirements of the Zoning and the need for this type of use and it will serve the Town of Dunbarton.

Alison Vallieres stated she sat at the last night’s meeting of the Land Use Committee when Cluster Zoning was discussed. Most members encourage Cluster Development. She agrees with Lee Richards. This type of development does preserve open space like the Master Plan questionnaire tells us the people want. In addition, I am glad it is a 55 and Older Senior Housing Project. The Town needs Senior Housing. The applicants have done a good job.

Michael Poirier stated he feels for the abutters. This is a large piece of land, and there will still be a lot of open land. 55 and older is a good thing for the Town.

David Breault – Stated he is concerned about the wildlife in Town. You will see a moose, deer. Would prefer seeing single family houses Single family is the kind of project that would preserve wildlife more. I would like to hear the Attorney’s opinion on why this didn’t have to go to the ZBA. I missed it and as far as the water goes, it is a paramount issue throughout the Town. This is too bad for everyone. I would like to be copied on the water testing. So I too feel for the abutters.

MOTION: (First Amendment)

Brian Nordle made an amendment to the original motion that the Dunbarton Planning Board would receive a copy of the Water Testing of the REDML (Perry) Project (to be attached at Item #2, above). Kenneth Swayze seconded the motion. The amendment to the motion passed by a majority vote as follows:

James Marcou – Yes

Michael Poirier – Yes

Alison Vallieres – Yes

Kenneth Swayze – Yes

Brian Nordle – Yes

George Holt – Yes

Merton Mann – Abstained

MOTION: (Second Amendment)

George Holt made an amendment that as a condition of the pumping test conducted by the applicant, that water supply wells on abutting property (inclusive of those properties across Morse Road) be monitored for adverse impact at the discretion of abutting owners. Michael Poirier seconded the motion.

Board Discussion:

George Holt stated that abutting properties will include property across the street. There will be different levels of testing.

The Board asked what would constitutes “adverse”?

Brian Nordle stated that prior to doing this typically it would be fair to the Town and to any and all Subdivisions to determine how many are we making it required for. Would it be 19 units, 12 units, 4 units or 20 units? We should then be changing our regulations etc. to provide for this type of requirement prior to doing it. This is something we should talk about in the future. You can’t start manufacturing rules. Let’s talk about it first and then enact something.

Kenneth Swayze stated there is less gallons per unit than for single family homes. This would be treating them differently.

George Holt stated we are not specially treating them. This is part of the community permitting process.

Brian Nordle asked again what “adverse impact” would be? Let’s get a subdivision regulation in place before we start requiring this.

George Holt stated all he was asking that we look at what was the impact on the wells that they check.

The amendment failed with the following vote.

James Marcou – No

Alison Vallieres – No

Brian Nordle – No

Kenneth Swayze – No

Michael Poirier – Yes

George Holt – Yes

Merton Mann – Abstained

The original motion including the First Amendment passed by a majority vote as follows:

James Marcou – Yes

Alison Vallieres – Yes

Brian Nordle – Yes

Kenneth Swayze – Yes

Michael Poirier – Yes

George Holt – No

Merton Mann – Abstained

CONTINUED PUBLIC HEARING - MICHEL BELANGER (G3-5-1 AND G2-7-5) /DIPIETRO HOMES (G2-5-15) PROPOSED 25 LOT SUBDIVISION LOCATED ON MANSION ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH

Jacques Belanger, Surveyor, appeared before the Board with the updated plan. The revised plan showed 25 proposed lots instead of 26 as previously presented.

James Marcou, Chairman, noted the following would be voting members on this particular issue:

James Marcou, Chairman

George Holt

Michael Poirer

Alison Vallieres

Brian Nordle

Kenneth Swayze

Merton Mann

Kenneth Swayze presented a status report noting that this is the sixth public hearing the Planning Board has held on the second application. (attached) He also included copies of a letter from Don Mayo with regard to his engineering review of the revised plans stating the plan is satisfactory as submitted. (attached) Also included was a letter from Robert Rook, PE., stating that they had addressed Don Mayo’s comments as presented in his March 15, 2004 letter. (attached) Included also was a State of New Hampshire DOT Driveway Permit, (attached) along with a copy of the “Agreement” between Mansion Heights and the Town of Dunbarton, NH (attached).

WAIVER/VARIANCE REQUEST:

Ken Swayze reported that the applicants had requested separate Variances/Waivers within the Belanger-Mansion Heights proposed subdivision. (attached)

1. Waiver to the maximum allowed length of road as called for in the Dunbarton Subdivision Regulations, Section V., Item F, for Stinson Drive.

Justification for the granting of the Waiver: Given that the current zoning is medium density with a minimum frontage of 250 feet and lot size of three (3) acres, it would be impossible to develop the rear portion of the combined land. It should be noted that no subdivision in town has been held to the maximum length requirements and that this waiver in the past has been granted.

2. Waiver to the maximum allowed length of road as called for in the Dunbarton Subdivision Regulations, Section V., Item F., for Samuels Drive.

3. Waiver to the maximum allowed length of road as called for in the Dunbarton Subdivision Regulations, Section V., Item F., for Williams Court.

4. Waiver to the fire suppression requirement of 25,000 gallons per dwelling unit, with a minimum of 125,000 gallons to a maximum of 500,000 gallons, as found in the subdivision requirements for a fire suppression water source.

Justification for the granting of the Waiver: The applicant’s representative has met with the Fire Chief, Jon Wiggins to site a 30,000 gallon cistern near the intersection of Stinson Drive and Samuels Drive and feel that the subdivision and Town will be better served by this proposal.

5. Waiver to the required 5% of the land being developed, be set aside for parks and playgrounds as called for in the Dunbarton Subdivision Regulations, Section V., Item N and acceptance in lieu thereof, a 15 foot wide trail system leading from the Society for the Protection of New Hampshire Forests, through the proposed subdivision, to the Winslow Town Forest, as shown on the subdivision plans, and easement plan.

Justification for the granting of the Waiver: The original configuration did set aside a separate lot shown on the previous plans as Lot 2, which would have been deeded to the Dunbarton Town Forest. There seemed to be a consensus of the Board that the Town would be better served by having a trail system connecting the Society for the Protection of New Hampshire Forests to the Winslow Town Forest.

At this point in the meeting, James Marcou, Chairman, read the requirements of the Variance/ Waiver from the Subdivision regulations as follows:

Variances

MOTION: (Stinson Drive)

Brian Nordle made a motion that the Dunbarton Planning Board grant the requested Waiver for Length of Road of Stinson Drive which will be 4,000 feet. The motion was seconded by Kenneth Swayze.

Discussion:

The Board noted that other Waivers have been granted by the Dunbarton Planning Board for length of road. There are many subdivisions throughout the Town with roads greater than 600 feet. Over the past five meetings, they have been encouraged and directed to proceed to this point. Given that the zoning is medium density with a minimum frontage of 250 feet and lot size of three (3) acres, it would be impossible to develop the rear portion of the combined land. It was noted that no subdivision in town has been held to the maximum length requirements and that this waiver in the past has been granted. Strict conformity to the Subdivision Regulations would cause undue hardship and injustice to the owner of the land. The subdivision plan is otherwise substantially in conformity with the Subdivision Regulations. Granting this Variance/Waiver will not adversely affected the spirit of the Subdivision Regulations, nor will the public convenience and welfare be adversely affected.

The motion passed by a majority with a vote as follows:

James Marcou - Yes

George Holt - Yes

Michael Poirer - Yes

Alison Vallieres - Yes

Brian Nordle - Yes

Kenneth Swayze - Yes

Merton Mann – Abstained

MOTION: (Samuels Drive)

Brian Nordle made a motion that the Dunbarton Planning Board grant the requested Waiver for Length of Road of Samuels Drive which will be 1,031 feet. The motion was seconded by Kenneth Swayze.

Discussion:

The motion passed by a majority with a vote as follows:

James Marcou - Yes

George Holt - Yes

Michael Poirer - Yes

Alison Vallieres - Yes

Brian Nordle - Yes

Kenneth Swayze - Yes

Merton Mann – Abstained

MOTION: (Williams Court)

Brian Nordle made a motion that the Dunbarton Planning Board grant the requested Waiver for Length of Road of Williams Court which will be 1,142 feet. The motion was seconded by Kenneth Swayze.

Discussion:

The motion passed by a majority with a vote as follows:

James Marcou - Yes

George Holt - Yes

Michael Poirer - Yes

Alison Vallieres - Yes

Brian Nordle - Yes

Kenneth Swayze - Yes

Merton Mann – Abstained

MOTION: (Fire Suppression)

Brian Nordle made a motion that the Dunbarton Planning Board grant the requested Waiver to the fire suppression requirement of 25,000 gallons per dwelling unit, with a minimum of 125,000 gallons to a maximum of 500,000 gallons, as found in the subdivision requirements for a fire suppression water source. The motion was seconded by Kenneth Swayze.

Discussion:

The Board noted that the Fire Chief had been present at three prior Planning Board meetings. The cistern location was moved at his direction. He did not want it to be down the road. Would rather have it located in an open area. At our last meeting he stated what is proposed would suffice his needs. He okayed the location and size and felt that fire protection of the new development would be best served by requiring a cistern be located at this central location. The applicant’s representative has met with the Fire Chief, Jon Wiggins to site a 30,000 gallon cistern near the intersection of Stinson Drive and Samuels Drive and feel that the subdivision and Town will be better served by this proposal. The subdivision plan is otherwise substantially in conformity with the Subdivision Regulations. Granting this Variance/Waiver will not adversely affected the spirit of the Subdivision Regulations, nor will the public convenience and welfare be adversely affected.

.Strict conformity to the Subdivision Regulations would cause undue hardship and injustice to the owner of the land.

The motion passed by a majority with a vote as follows:

James Marcou - Yes

George Holt - Yes

Michael Poirer - Yes

Alison Vallieres - Yes

Brian Nordle - Yes

Kenneth Swayze - Yes

Merton Mann – Abstained

MOTION: (Recreation Land Set Aside)

Brian Nordle made a motion that the Dunbarton Planning Board grant the requested Waiver to the required 5% of the land being developed, be set aside for parks and playground as called for in the Dunbarton Subdivision Regulations, Section V., Item N and acceptance in lieu thereof, a 15 foot wide trail system leading from the Society for the Protection of New Hampshire Forests, through the proposed subdivision, to the Winslow Town Forest, as shown on the subdivision plans, and easement plan. Kenneth Swayze seconded the motion.

Discussion:

The Board noted that land had been set aside in a mitigation area but the Board felt that the Town would be better served with a trail system connecting the Society for the Protection of New Hampshire Forests to the Winslow Town Forest land. The original configuration did set aside a separate lot shown on the previous plans as Lot 2, which would have been deeded to the Dunbarton Town Forest. There seemed to be a consensus of the Board that the Town would be better served by having a trail system connecting the Society for the Protection of New Hampshire Forests to the Winslow Town Forest. The subdivision plan is otherwise substantially in conformity with the Subdivision Regulations. Granting this Variance/Waiver will not adversely affected the spirit of the Subdivision Regulations, nor will the public convenience and welfare be adversely affected. Strict conformity to the Subdivision Regulations would cause undue hardship and injustice to the owner of the land.

The motion passed by a majority with a vote as follows:

James Marcou - Yes