DUNBARTON PLANNING BOARD

WEDNESDAY, OCTOBER 20, 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

Brian Nordle, Co-Chairman

Alison Vallieres, Secretary

Mert Mann, Selectman

Kenneth Swayze, Admin., Planning and Zoning Dept.

Michael Poirier

George Holt

David Breault, Alternate

The Chairman verified with the Secretary that the meeting 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 Page.

Approval of Minutes of Wednesday, September 15, 2004 Meeting:

A motion was made, seconded and passed unanimously that the minutes of the Wednesday, September 15, 2004 Planning Board Meeting be approved as written.

At this point in the meeting, Kenneth Swayze announced that two items on the agenda had been voluntarily withdrawn by the applicants (to comply with a request for missing information) as follows: If any abutters or public were present to hear the two applications, they would not be heard this evening.

GPS PROPERTIES, INC. (C4-1-3) PROPOSED TWO LOT SUBDIVISION LOCATED ON BLACK BROOK ROAD, ROUTE 13, POWELL LANE AND OLDE MILL BROOK ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

SUSANNE PEACE STICH (B5-2-2) PROPOSED TWO LOT SUBDIVISION LOCATED ON LONG POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

PUBLIC HEARING - ANNA CHAN (H5-1-2) PROPOSED FIVE LOT SUBDIVISION LOCATED OFF GILE HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze read a Status Report on the Chan proposed subdivision. (attached) Noted there was a long list of concerns to be addressed from prior meetings.

Jacques Belanger, Surveyor, stated he wanted to bring the Planning Board up to date and find out what we need to proceed. Stated they have met with the Selectmen to talk about upgrading the road to a Class V 24’ of traveled way. Will have a gravel base, (no asphalt).

At this point, the Board asked Mert Mann, Selectman, what decisions had been made in relation to the road issues.

Mert Mann stated that no final decisions had been made by the Selectmen at this point. In addition, Jacques Belanger noted the Selectmen are waiting to get an agreement in place with Steve Brennan, abutter. Planning Board is awaiting the details on the road.

James Marcou stated the Board will have to have at least a basic layout of the road and what needs to be done.

Kenneth Swayze noted that the Planning Board can, in fact, ask for different things to be done than the Selectmen.

Jacques Belanger noted the road would need to be improved from Steve Brennan’s driveway to the turnaround. The Board of Selectmen have not forwarded anything to the Planning Board.

George Holt stated this is a Scenic Road and the Conservation Commission has some say on this also. We would like to be part of this discussion. There will have to be a public hearing on Scenic Road issues.

The Board stated they need some sort of road plan of what is proposed. The results of the Selectmen’s Meeting need to be transferred to the Planning Board.

George Holt stated the Conservation Commission’s position is the road does not have to be 24 feet wide with 4 foot shoulders, etc. Road only needs to be 16’ – 18’ wide for the traveled way. Road should not be paved. George stated the Conservation Commission feels the Planning Board is circumventing the rules and holding the owners hostage with regard to road improvements.

Kenneth Swayze stated there are some outstanding issues on this road. There is the steepness of the road, the width, tree0cutting and what realistically can be done out there.

George Holt stated he would like to appear before the Board of Selectmen when they discuss the road improvements.

The Planning Board asked about what is going on with the Town of Bow with regard to their notice of “Regional Impact”.

Jacques Belanger noted he had written a letter to Bill Klubben on September 13, 2004 (attached) regarding the Chan Proposed Subdivision. When Jacques had spoken to him previously, Bill Klubben had wanted to see a map and letter explaining what we are going to do with the property. They haven’t discussed it since, etc.

The Planning Board agreed that they would write a letter to Bill Klubben asking that he respond prior to the next meeting to be held in November regarding possible Regional Impact and what the Town of Bow’s concerns are.

The Planning Board also noted that the Chan Proposed Subdivision will need a 90 day extension from the Dunbarton Board of Selectmen. The Secretary will write the letter requesting the extension.

The Planning Board will schedule a Site Walk of the Property. They will need driveway locations shown on the ground prior to the Site Walk. Will include the Selectmen for the Site Walk. Should be done on a Saturday.

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

Linda Baines – Not Present

Thomas and Linda Sexton – Not Present

William and Elizabeth Jacob – Not Present

Mark and Patricia Johnson – Not Present

Gregory and Marie Marquis – Not Present

Robert and Carol VanHam – Not Present

Dale and Susan Murphy – Not Present

Andrea Procita/Paul Iopresti – Not Present

Richard and Nancy Robertson – Not Present

Brian Corrors and Michel Lorocco – Not Present

William and Janet Dare – Not Present

Michelli and Roderick McQuaurie – Not Present

Leo O’Neil Matos – Not Present

Stephen Brennan – Not Present

Earl and Catherine Farley – Not Present

A & D Construction – Not Present

Schauer Environment Consultants – Not Present

J. E. Belanger Surveying – Present (representing the applicants)

Kenneth Swayze stated that the road is a limited access dead end road and the Board has suggested in-house fire suppression because it is a dead end road. There will be five total lots in this project.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Anna Chan Proposed Subdivision until the next meeting and request a 90 day extension from the Selectmen. The motion was seconded and passed unanimously.

NEW BUSINESS:

7:30 PM - RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:

LEONARD AND BETHIA LAMARCA (J2-1 & 2) PROPOSED LOT LINE ADJUSTMENT LOCATED ON JEWETT ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH (NO NEW LOTS CREATED)

Kenneth Swayze presented a Status Report on the Lamarca Proposed Lot Line Adjustment. (attached) He stated this has been around for several months awaiting Zoning Board approval and would suggest that the Board act on it this evening.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the proposed application for the Leonard and Bethia Lamarca (J2-1 & 2) Proposed Lot Line Adjustment located on Jewett Road in the Low Density District in Dunbarton, NH and start proceedings immediately. George Holt seconded the motion. The motion passed unanimously.

Jacques Belanger, Surveyor, and the Lamarca’s appeared before the Board. The newer home lot was broken off from the Lamarca’s home parcel when one acre zoning existed in the Town. The Lamarca’s waited until the adjacent parcel became available for purchase in order to be able to annex the back land to their property from the other parcel. Both lots are presently non-conforming and will both be still non-conforming once the Lot Line Adjustment is final. This annexation does not change the frontage on either lot.

With regard to other issues with the property, the Lamarca’s have applied for a retroactive Wetlands Permit for the pond, etc.

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

George Patterson – Not Present

Eric and Carol Hemphill – Not Present

James and Diane Richter – Not Present

Stig and Priscilla Harding – Not Present

Arthur Martel – Not Present

Richard and Barbara Brown – Present. Stated they thought it was a “heck of a good idea”. The man ought to be able to own the land in the back of him.

Kathleen Hoell Downes and Frances Hoell – Not Present

J. E. Belanger Surveying – Present (representing the applicants)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board move for an expedited review this evening and make a decision on the Lamarca’s Lot Line Adjustment this evening. George Holt seconded the motion. The motion passed unanimously.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the Lot Line Adjustment as presented by Bethia and Leonard Lamarca (J2-01-01 and J2-01-02) subject to the following conditions:

1. Submittal of a final, technically accurate and graphically correct plan-set in full compliance with all current subdivision regulations 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 (NH DES Subdivision approval).

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

4. That all specified work and improvements at the site, as specified by the Land Subdivision Regulations, be completed prior to the signing and filing of the mylar (i.e. survey monumentation and related); or a surety be posted in favor of the Town, in an amount adequate to complete such work as required.

Brian Nordle seconded the motion. The motion passed unanimously.

HARMAN FAMILY TRUST (E2-2-1) PROPOSED THREE LOT SUBDIVISION LOCATED ON EVERETT DAM ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze presented a Status Report on the Harman Family Trust proposed subdivison. (attached)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the Harman Family Trust application for a proposed three lot subdivision located on Everett Dam Road in the Low Density District in Dunbarton, NH and start proceedings this evening. Michael Poirier seconded the motion. The motion passed unanimously.

Don Duval, of Duval Survey, Inc., appeared before the Board on behalf of his clients, Harman Family Trust. He presented a plan showing the proposed three lot subdivision.

He stated that Peter Schaurer, Wetlands Scientist, has submitted a request for a Permit to the Dredge and Fill Board.

In addition, New Hampshire DOT permit for a driveway is in process. It will be a shared driveway between the two lots. Lot #3 will have a long driveway. DOT has requested that we show the existing woods road on the plan and requested that the split rail fence be removed.

Don Duval stated that Everett Road has a 160 foot right of way.

James Marcou noted that in a previous case with a shared driveway, the Planning Board had requested a wide enough driveway in case in the future, the driveway had to be split between the two landowners, there would be sufficient room.

It was noted that the driveways will be 15 feet wide within a 40 foot right of way, so there would be sufficient room if they needed to be split.

Kenneth Swayze noted for the record that there is 300 feet of contiguous frontage in addition to the 40 feet for the right of way, and that it should be clearly noted on the plan.

The Planning Board will schedule a Site Walk for Thursday, October 28, 2004 at 5:00 p.m.

Planning Board requested the Surveyor that the wetlands crossing be flagged prior to Site Walk.

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

Steven Labbe – Not Present

Hammond Revocable Trust – Not Present

Karl and Cherie Boisvert – Not Present

Richard Colter Estate – Not Present

Margaret Watkins – Not Present

Town of Dunbarton – Present (Selectmen and Building Department present)

Peter Schauer – (Wetland Scientist for the proposal) Not Present

Other Members of the Public:

Carl Metzger – Asked what the size of the second lot was. Thought it was less than five acres, etc.

It was pointed out that all lots exceeded the five acre minimum requirement.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the proposed Harmon Family Trust proposed subdivision until the next meeting in November. The motion was seconded by Michael Poirier. The motion passed unanimously.

DIANE OUELETTE-FAULKENSTEIN (D3-3-2) PROPOSED TWO LOT SUBDIVISION LOCATED ON FLINTLOCK FARMS ROAD-STARK HIGHWAY SOUTH IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze presented a Status Report of the Diane Ouelette-Faulkenstin Proposed two lot subdivision located on Flintlock Farm Road-Stark Highway South. (attached)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application for subdivision from Diane Ouelette-Faulkenstin (D3-3-2) this evening and start proceedings. The motion was seconded and passed unanimously.

Jacques Belanger, Surveyor, appeared before the Board on behalf of his client. She was also present.

Ken Swayze noted that the applicant has agreed to discontinue the use of the rental unit in the existing barn. (There is a note on the plan.) He explained that this lot was created as the first part of the Flintlock Farms subdivision. At that time, the apartment was in the existing barn. They are breaking off a five acre lot with the field from the main house and barn. The lot will be utilizing Flintlock Farm Road for access.

At this point in the meeting, Kenneth Swayze noted that the applicant had voluntarily put in a requirement for inhouse fire suppression. He felt this was not necessary and would cause an unnecessary expense to the future owner of the lot. There is considerable fire protection and water within close proximity to the lot. Don’t feel we should impose this condition. We should leave it up to the owners. It should be their choice. The Board concurred.

Carl Metzger – Asked to explain the situation regarding the apartment. He stated it is a stand-alone apartment. Are you going to rip out the plumbing, electricity of the apartment to make sure it will not be used?

Kenneth Swayze stated that if you had a garage on your property and you wanted to put a little kitchen and bathroom for the purpose of cleaning, etc. before going into your home, you would be allowed to continue the use. Sleeping quarters are questionable. Under no conditions, will they be able to rent the apartment as a dwelling unit.

James Marcou stated it is clearly the intent of the Town of Dunbarton to eliminate this as a rental property and they are on record for agreeing to this. We just don’t want to see any advertisements for rental in the paper or find out it is being rented in the future.

Carl Metzger expressed concern about their putting a driveway onto Flintlock Farms Road. He claims there is a restriction that says Flintlock Farm Road and the Town maintains twenty feet of grass area on that side of the road and that NO driveway should be put within 1,000 from Route 13. He asked what the Planning Board’s position was on this issue.

James Marcou stated unless it was a condition of approval of the Flintlock Farm Subdivision and appeared on the plan, it would not be binding.

Carl Metzger was asked to provide some sort of documentation as to his inquiry and statement. Alison Vallieres and Ken Swayze will also check Town records.

Cart Metzger asked why the Town doesn’t maintain both sides of the easement.

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

Carl and Heather Metzger – Present. Previously expressed concerns.

Cathleen Antunono – Not Present

Peter Ness – Not Present

John and Ann Hillman – Not Present

Sarah Zorn – Not Present

Dena Brown – Not Present

Peter and Jane Lunsford – Not Present

Marion Macneil – Not Present

Mark and Lisa Tierney – Not Present

Arthur and Doraine Learned – Not Present

Richard Goduti and Judith Schenkerman – Not Present

William and Linda Morse – Not Present

Town of Dunbarton – Present (Selectman and Building Department represented)

J. E. Belanger Surveying – Present (Representing the applicant)

At this point in the meeting, the Planning Board decided to do a Site Walk of the property on Thursday, October 28, 2004 at 4:45 p.m.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the proposed Diane Ouelette-Faulenstein Proposed two lot subdivision on Flintlock Farms Road and Stark Highway until the next meeting. The motion was seconded and passed unanimously.

GERALD DUGRENIER (B6-2-1) PROPOSED TWO LOT SUBDIVISION LOCATED ON MONTALONA ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze presented a Status Report of the proposed Gerald Dugrenier two lot subdivision. (attached)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application for the Gerald Dugrenier Proposed Two Lot Subdivision located on Montalona Road in the Low Density District in Dunbarton, NH and start proceedings this evening. Brian Nordle seconded the motion. The motion passed unanimously.

Jacques Belanger, Surveyor, appeared before the Board with a plan showing the proposed subdivision of 101 acres into two lots. A 38 acre lot would be broken off on the southerly end for a family members. Stated they have done test pits. There would be one new house lot.

James Marcou asked what is the future of this lot.

Jacques Belanger stated it was going to a family member.

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

Claire Dugrenier – Not Present

Wayne Shear – Present. Stated that he is concerned because he lost one half an acre of land based on Jacques Belanger’s survey. He stated the tax records show he owns 1.8 acres, etc.

The Board stated that the Tax Map has a Disclaimer on it stating that all lots have not been accurately surveyed. The best course of action would be for Mr. Shear to work with Dugrenier prior to the final subdivision, etc.

At this point, Gary Dugrenier stated he was the brother of Gerald and he would be purchasing the property. He would be willing to talk with Mr. Shear. He also stated the bounds were based on the stone wall which had been there since the 1700’s.

Joseph Franzoni and Kimberly Sterl – Not Present

Malvina Jarosz – Not Present

Michael Guiney – Not Present

Linda Peters – Not Present

Wheeler Family Trust – Not Present

Guy Rogers – Not Present

Owen Bellows – Not Present

Raymond Huot – Not Present

Michael/Louise DeTurk – Not Present

Scott Griffis – Present. No comments.

Baillargeon 2000 Family Trust – Not Present

Frena Jarosz – Not Present

John and Mildred Moody – Not Present

David Nault – Not Present

Janet Mozrall – Not Present

J. E. Belanger Surveying – Present (Representing the applicant)

Other Members of the Public:

John Trottier asked what the right of way was for Montalona Road.

Jacques Belanger stated he had set off 25 feet from the center line.

Scott Griffis asked about the layout for the driveway. What about the sight distance?

The Board requested that Jacques Belanger contact the Road Agent and get a written driveway permit.

MASTER PLAN UPDATE:

1. Brian Nordle, Co-Chairman of the Master Plan Committee reported that the next Steering Committee Meeting will be held on Monday, November 1, 2004.

2. The next Workshop Meeting of the Dunbarton Planning Board will be held on Wednesday, November 3, 2004 and will be the Public Hearing for the Review of the following Chapters:

a. Appendix

b. Natural Resources

c. Introduction

There being no further business, the meeting adjourned at 8:30 p.m.

Respectfully submitted,

Alison R. Vallieres

Secretary