DUNBARTON PLANNING BOARD

WEDNESDAY, NOVEMBER 17, 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

Kenneth Swayze, Admin., Planning and Zoning Department

Alison Vallieres, Secretary

Mert Mann, Selectman

George Holt

Michael Poirier

David Breault, Alternate

The Chairman verified with the Secretary that the meeting had been posted in accordance with State Law in three public places throughout the Town. In addition, the notice had been posted on the Dunbarton Web Page.

Approval of Previous Meeting Minutes: Wednesday, October 20, 2004

MOTION:

Brian Nordel made a motion that the minutes of the Wednesday, October 20, 2004 meeting be approved as written. Kenneth Swayze seconded the motion. The motion passed unanimously.

PUBLIC HEARINGS:

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 reported on the Status of the Harman Family Trust Proposed Subdivision. (attached)

It was noted for the record that there were two abutters who had not been notified for the last meeting; Lucie Ducharme and Carol Foss. Donald Duval, Surveyor, presented letters from both abutters stating they were aware of the subdivision, etc. (attached) Carol Foss stated her only concern is that actual construction on Lot #3 adhere as closely as possible to the proposed site plan and natural vegetation be protected between the construction site and the southern property boundary to screen the house site from the Town Property. She also stated she had no issues with the proposed subdivision or driveway siting.

The Board agreed that the only risk of proceeding with the Public Hearing because of the abutters’ status would be to the applicant.

Donald Duval, representing the applicants, agreed and stated he understood.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board allow Donald Duval, Surveyor, to go ahead with his presentation for the Public Hearing. The motion was seconded and passed unanimously.

Donald Duval, Surveyor, stated there will be two new lots created from the proposed subdivision as follows:

1. 33 acre lot with the existing house

2. 5.73 acre lot which will have 3.3 acres of contiguous dry land

3. 13 acre lot which will have 4.75 acres of dry land

Mr. Duval stated he had applied to the State Department of Transportation and has the driveway permit. Still awaiting State Dredge and Fill Permit. The 30 days is up within a week. Don’t anticipate any problems.

SITE WALK:

It was noted that a Site Walk had been completed on 10/28/04. Brian Nordle, Kenneth Swayze and George Holt were present at the Site Walk. George Holt stated the wetlands crossing was fine. The Conservation Commission has signed off on the crossing. George stated his concern was around the access on the 75 foot ROW which is very steep. Concerned about putting the driveway in that location. Stated that if they were going to need the easement for the driveway, they should put it on now and not after the fact.

Kenneth Swayze noted that the building pockets were good considering the wetlands.

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

Steven Labbe – Not Present

Hammond Revocable Trust – Not Present

Karl/Cherie Boisvert – Not Present

Richard Colter Estate, C/O John Colter – Not Present

Margaret Watkins – Not Present

Carol Foss Revocable Trust – Not Present

Peter Schauer, Schauer Environmental – Not Present

Town of Dunbarton – Present

Donald Duval, Surveyor – Present representing the applicants

There was no comments from the General Public.

The Public Hearing was closed.

The Chairman noted the following members would be voting members for the Harman Proposed Subdivision:

James Marcou

Brian Nordle

Alison Vallieres

Kenneth Swayze

Mert Mann

George Holt

Michael Poirier

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed subdivision of Harman Family Trust, George and Carol Harman, Trustee of Tax Lot E2-02-01 consisting of a three (3) lot subdivision on approximately 52 acres located in the Low Density (5 acre) Residential District on Everett Dam Road 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, per status reports, etc.).

2. Approval and receipt of all other required local, State and Federal permits. There shall be no change(s) to the base plan(s) without re-consultation with the 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. That all specified work and improvements at the site, as specified by the Land Subdivision Regulations, be completed prior to 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.

5. 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.

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 on the Diane Ouelette-Faulkenstein proposed two lot subdivision. (attached) He stated one of the items for discussion was how they were going to discontinue the apartment. It was noted for the record that there will be a note on the plan to that affect. In addition, there is the question on the access along the frontage of Flintlock Farm Road.

Jacques Belanger, Surveyor, and Diane Ouelette-Faulkenstein were present.

SITE WALK:

A site walk was conducted on 1028/04. Brian Nordle, Kenneth Swayze and George Holt were on the Site Walk. George Holt stated there was a concern about not being able to have a driveway on the first 1000 feet of Flintlock Farm Road as Carl Metzger had brought up at the last meeting.

At this point, the Board asked Carl Metzger if he had come up with anything concrete as to this alleged stipulation. He stated he had researched the records and found nothing official. In addition, both Kenneth Swayze and Alison Vallieres stated they had found nothing official to restrict the driveway location. Kenneth Swayze noted the lot is bounded by ROW property which gives people a ROW to their property. The separate Town Parcel is on the other side. The ROW status specifically gives people the right to go through it.

In addition, Jacques Belanger, Surveyor, stated he went back and reviewed the deeds from Lewellen forward. The only thing was a ten year discretionary easement which has expired.

Kenneth Swayze noted that was a “nice open building pocket” on the proposed new lot.

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

Sarah B. Zorn – Not Present

Marion Macneil – Not Present

Carl/Heather Metzger – Present. Stated he had talked with John Brown and the discussion was made about the access, etc., but it was never anything formally done about it but the piece of land was just deeded to the Town. That is why there is nothing there. Have two general questions as follows:

1. What about planning requirements that restricts access to a certain lot by an abutter to Town Property. If I abut 1,000 feet from the road, you are saying I have the right to cross to get a ROW?

2. What about decommissioning an apartment so that the Town doesn’t have to have a problem management and that the apartment can’t be rented out at a later date. Someone has to go to the expense of forcing the renters out.

James Marcou stated we are making sure the Town is aware of the situation and it will be put in the deed. We have got to move forward. Will be put in the deed.

Dena Brown – Not Present

Mark/Lisa Tieney – Not Present

Cathleen Antuono – Not Present

Arthur/Doraine Learned – Not Present

Peter G. Ness – Not Present

Richard Goduti/Judith Schenkerman – Not Present

John/Ann Hillman – Not Present

Peter/Jane Lunsford – Not Present

William/Linda Morse – Not Present

Town of Dunbarton – Present

J. E. Belanger Surveying – Present representing the applicant.

There were no comments from the General Public.

The public hearing was closed.

At this point, James Marcou, Chairman, stated the same voting members as previous would be voting on this proposed subdivision as follows:

James Marcou

Brian Nordle

Alison Vallieres

Kenneth Swayze

Mert Mann

George Holt

Michael Poirier

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed subdivision of Diane Ouelette-Falkenstein on Tax Lot D3-02-03 consisting of a two (2) lot subdivision on approximately twelve (12) acres located in the Low Density (5 acre) Residential District on Route 13 and Flintlock Farm Road subject to the following conditions:

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

to the Town.

6. That a note be put upon the filed plan and deeds of record, clearly indicating:

a) That the use of the existing detached barn/accessory structure, as a separate dwelling unit, be relinquished.

b) That the subdivided lots are to be used for single-family dwelling unit purposes only, with only one principal structure on each lot to be dedicated, and otherwise used, for single-family dwelling purposes.

Brian Nordle seconded the motion. The motion passed unanimously.

James Marcou, Chairman, stated there will be a new deed drawn up prior to signature of the plan. The Board will review the deed prior to the signing of the plan. In addition, the apartment will be vacated prior to the signing of the plan.

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 for the Gerald Dugrenier proposed Two Lot Subdivison. (attached)

The Board noted they would like the applicant to consider giving the Town a 30 foot strip off the centerline for ROW on the owner’s side of Montalona Road.

It was noted the Board did not conduct a Site Walk of the property.

Jacques Belanger, Surveyor, stated he had spoken with the Town Road Agent and he had suggested doing a private driveway permit for single-family residential use only. The Road Agent did not fill out a permit.

The Board noted there was no problem with the location where it is staked out now.

Kenneth Swayze noted since there is so much frontage, there hopefully will be no problem with the driveway. It will be on the final plan prior to signing.

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

Claire Dugrenier – Not Present

Linda Peters – Not Present

Scott Griffis – Not Present

Wayne Shear – Not Present

Baillargeon 2000 Family Trust – Not Present

Wheeler Family Trust – Not Present

Joseph Frazzoni/Kimberlyu Sterl – Not Present

Guy Rogers – Not Present

Frena Jarosz – Not Present

Malvina Jarosz – Not Present

Owen Bellows – Not Present

John/Mildred Moody – Not Present

Ovila/Pandora Martel – Not Preent

Raymond Huot – Not Present

David Nault – Present. Stated he had no problem with the subdivision.

Michael Guiney – Not Present

Michael/Louise DeTurk – Not Present

Janet Mozrall – Not Present

Town of Dunbarton – Present

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

At this point in the public hearing, Michael Poirier stated that he was an abutter to the property and stepped down. He had purchased the Frena Jarosz property recently. He had no problem with the subdivision or notification process.

There were no comments from the General Public.

At this point, James Marcou, Chairman, stated the voting members would be as follows on this proposed subdivision:

James Marcou

Brian Nordle

Alison Vallieres

Kenneth Swayze

Mert Mann

George Holt

David Breault, Alternate for Michael Poirier

MOTION:

Brian Nordel made a motion that the Dunbarton Planning Board approve the proposed subdivision of Gerald E. Dugrenier of Tax Lot B6-02-01 consisting of a two lot subdivison on approximately 105 acres located in the Low Density (5 acre) Residential District on Montalona Road, subject to the following conditions:

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

6. That a 30 foot strip of contiguous land, abutting the subject parcel along the entire frontage of Montalona Road, be dedicated (deeded) to the Town of Dunbarton. (Nominally, this is represented as a 30 foot offset from the approximate centerline location of the road as currently laid out.)

Alison Vallieres seconded the motion. The motion passed unanimously.

GERALD GELINAS AND DONALD PERKINS (B2-1-1 & 2) PROPOSED TWO LOT SUBDIVISION AND LOT LINE ADJUSTMENT LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Michael Poirier was an abutter to the Gelinas Property so he continued to step down from the Board. David Breault, Alternate, served in place of Michael Poirier.

Kenneth Swayze presented a Status Report on the proposed Gelinas/Perkins two lot subdivision. (attached)

He noted that Mr. Gelinas has written a letter which is attached to the Status Report stating that he will be doing final cleanup by June 2005. The result will be no more than 15-20 vehicles stored outside at any given time according to Mr. Gelinas.

Kenneth Swayze noted this is the only “legalized” Junkyard in the Town of Dunbarton. The Town Attorney is presently involved. The Town is requesting an additional 30-60 days. The Plan cannot be filed until the Junkyard is gone anyway. Regulations are the Junkyard must be 125 feet from any residential lot line. We need to get this in compliance, etc. prior to any approvals.

George Holt asked if there was a threshold of the number of cars that can be there.

James Marcou noted Gelinas has been operating down there for some time. Because the subdivision has been proposed, it brings these issues to the table. We can’t create a subdivision without the proper setbacks and screening. They are in the process of decommissioning the junkyard.

David Breault noted he is stating he will be keeping 15-20 cars and will be keeping his license.

The Board noted he would have to remove everything relative to the junkyard in order for the subdivision to go through.

James Marcou noted it is a legal question as to whether or not they can subdivide.

Don Perkins suggested the Planning Board draft a letter to Mr. Gelinas so he knows what to expect of him.

James Marcou stated we are going into winter and the Planning Board is not going to move on this until the screening and decommissioning of the junkyard is completed. Maybe we should look for completion in the spring.

Kenneth Swayze noted we cannot file the plan until the area is cleaned up. We don’t even know what the bond amount should be at this point, if we were to consider even allowing a bond.

James Marcou stated the Planning Board will apply for an extension to get us into the spring. It was noted for the record that an Extension for 90 days for given by the Selectmen in October 2004.

SITE WALK:

George Holt stated he was on the Site Walk and there were a lot of cars out there

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the proposed Gelinas/Perkins Proposed Two Lot subdivision until the January meeting. Mert Mann seconded the motion. The motion passed unanimously.

OLD BUSINESS: NONE

NEW BUSINESS:

RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:

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

Michael Poirier stepped back to the Board.

At this point, James Marcou, Chairman, stated the following would be voting members on this proposed subdivision:

James Marcou

Brian Nordle

Alison Vallieres

Kenneth Swayze

Mert Mann

George Holt

Michael Poirier

Mike Dalberg, Surveyor, appeared before the Board on behalf of the applicants.

Kenneth Swayze presented a Status Report on the GPS Properties, Inc. proposed two lot subdivision. (attached) He stated this is a two lot subdivision of 93 acres. Stated that all items requested have been met. The applicant is requesting waivers as follows:

a. Soil analysis and test pits

b. Location of proposed septic areas and wells

c. Boundary monumentation (centerline of Powell Lane and Olde Mill Brook Road)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application for GPS Properties, Inc. proposed two lot subdivision on Route 13, Powell Lane and Olde Mill Brook Road and start deliberations this evening. George Holt seconded the motion. The motion passed unanimously.

At this point, the Board requested Mike Dalberg, Surveyor, to discuss the reasons for the requested waivers as follows:

Mr. Dalberg stated that with regard to requested waivers for soil analysis, test pits and location of proposed septic areas and wells, the lots were exceedingly large (43.3 acres and 49.5 acres) and far exceeded the five acre minimum requirements. Once we establish where we would like the house, we would have to do a septic test pit at that point. There presently is no plan of development at this time. We feel this is a reasonable request.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board grant the request for a Waiver from GPS Properties, Inc. for items a and b (soil analysis, test pits, location of proposed septic areas and wells) as requested. Michael Poirier seconded the motion. The motion passed unanimously.

Mike Dalberg, Surveyor, stated that the second request for a Waiver with regard to boundary monumentation was because they did not want to be responsible for creating a “hazard factor” for vehicles and people walking on Powell Lane and Olde Mill Brook Road. The boundary line is in the center of the road. We would not want to be liable for someone tripping on the monumentation or having it get riped out. The side lines are done with tie courses and have been monumented. We therefore comply with the intent of the regulations.

It was noted by the Board that all other boundary monumentation will be in compliance with the regulations.

MOTION:

George Holt made a motion that the Dunbarton Planning Board grant the request for a Waiver from GPS Properties, Inc. for item c (boundary monumentation (centerline of Powell Lane and Olde Mill Brook Road). Kenneth Swayze seconded the motion. The motion passed unanimously.

Mike Dalberg, Surveyor, presented the proposed plan and stated that proposed Lot C1-4-1-3 has 408 feet of frontage on Route 13 and a short section of Powell Lane. Lot C1-1-3 shows a short section on Old Mill Brook Road in addition to legal frontage of 1,050 feet of frontage on Black Brook Road.

M. Dalberg recommended flagging the wetlands area with aluminum tags on trees every 25-30 feet. (Conservation Commission to advise.)

George Holt stated this would be better than flags.

M. Dalberg stated the access to the lots would be via Route 13, off Powell Lane. Not planning any construction at this point.

Mert Mann stated that on the Bracey’s end, it is important to note that the road has been discontinued.

M. Dalberg stated that Olde Mill Brook Road was discontinued in 1876 and abutting land owners have the right to pass and repass. All abutters have these rights in perpetuity. GPS has every right to come up that road. If he wants to improve the road, he would have to negotiate with the abutting landowners.

James Marcou, Chairman, asked if there were future plans for development of these two parcels.

Mike Dalberg, Surveyor, stated they were not ready to reveal their plans at this time. This is being done to have the two lots in separate entities.

Kenneth Swayze noted that improvements can be required by the Planning Board in addition to any Selectmen’s requirements on Olde Mill Brook Road and Powell Lane in the future if development is proposed requiring such improvements.

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

Dennis and Tammy Little – Not Present

Barbara Palys – Not Present

Alain/Phnyllis Biron – Present. Mrs. Biron stated she came and looked at the plan this afternoon. On Page 5 they are showing the Class V where the Class VI portion is and is not in the correct place. The Class V and Class VI division is much lower than shown. It is down where our meter sockets are.

James Marcou asked if there has been a technical discussion as to where the road stops.

Mike Dalberg stated it was based on where the Town put their sign.

Mrs. Biron stated the Town plows to the turnaround because they need a place to turn around. 300 feet would make a difference in making access for another lot.

James Marcou noted this is only the first meeting for the proposal.

Mrs. Biron stated that initially the turn around was put in to park there. Had a permit to put the turn around and park there many times. Just putting a sign up does not make it a Town Road.

James Marcou stated the Board will be doing a Site Walk.

Henry/Joan Burnham - Not Present

Wayne/Mary Bracy – Present. Regarding that section of road, for 15 years the Town graded up to that point. In 1983 Simon Audet and E. Holmes, Chairman of the Board of Selectmen, verified as to the end of the road and that is where Simon Audet always graded to and plowed up to our driveway. We are the only persons out there. He would back into the driveway so he didn’t have to back down the hill, and I have a letter from Simon Audet stating this. It ended at the power lines and they refused to go beyond there without payment. Allen and Phyllis Biron had a problem going up there. It is a 14% grade. Paul Morin gave them permission to grade the area. All the abutters have the right to use the road. There is to be no blockage of the road. In the past, they have cut trees so people could not use the road. Have documentation from the Board of Selectmen and will submit it to the Planning Board. Powell Lane was created by Arthur Powell who lived there. It is a discontinued road which was returned to the abutters from the centerline. No where does it state it is a Class VI road. We own to the center of the road.

Ronald/Edith Soucy – Present. No comments.

Mary Story Heirs – Not Present

Michael/Christine Soucy – Present. This seems like such a sensitive issue with the Bracy’s being so close. Let’s just get it out in the open and state what the future plans will be.

James Marcou stated the applicants have the right to not say at this time. We have asked them what their plans are for the future.

Robert/Gerald Bourassa – Not Present

Jason/Gail Georgantas – Not Present

Keith Jordan – Not Present

William Schlottman – Not Present

Eleanor Swindlehurst Revocable Trust – Not Present

John Swindlehurst Revocable Trust – Not Present

Peter/Linda Hecker – Present. Stated the section from Powell Lane to Route 13 is all wetlands. How far do the wetlands go?

M. Dalberg stated there was a 35 foot section from the edge of the wetlands to where to Class V road ends.

P. Hecker stated that with regard to the access, you have to “do it within the Class V road”. It would have to be off the Class V road section.

James Marcou stated it would have to be upgraded to access a subdivision other than a driveway.

Peter Hecker stated there is obviously a lot more to come.

Comments from the General Public:

John Trottier stated that he would expect the Planning Board to request 30 feet from the applicant on Black Brook Road for future road improvements. I don’t feel this would be unreasonable with all the frontage the applicant has on Black Brook Road. This road is going to see more traffic in the future.

David Nault – Stated it looks like the lower lot’s frontage is all wetlands and swamp. They have to access where they are requesting. They probably won’t be able to come to an agreement with the abutters. If they try to expand Powell Lane, it doesn’t look like they are going to gain access to that lot.

James Marcou stated that once they show us what they are going to do with the second lot we will have a better idea, etc. We have no idea what they plan to do at this time. Each driveway needs proper egress.

David Nault stated they have the right of passage to access both of those lots.

James Marcou stated this is a request for two over 40 acre lots with two driveways. We have asked what they are planning and they are not willing to give us that information at this time.

Mr. Soucy – The lower lot could be one lot if they wanted. Why can’t they show us where the well and the house will be located?

James Marcou stated that because of the size of the lot, it is pretty certain they will be able to put a well and septic system on that lot. It would be different with one smaller lot. This item will be back on the agenda next month.

Site Walk will be scheduled for Saturday, December 4 , 2004 at 9:00 am. Planning Board members and applicant’s representatives will meet at the Route 13 entrance to the subdivision.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the proposed GPS Properties Inc. request for a two lot subdivision on Route 13, Powell Lane and Black Brook Road until the December 15, 2004 Planning Board Meeting. The motion was seconded by Alison Vallieres. The motion passed unanimously.

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

Kenneth Swayze presented a Status Report on the Susanne Stich Proposed two lot subdivision located on Long Road Road. (attached) He stated the applicant has addressed the outstanding issues from last month’s submittal.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the proposed Susanne Peace Stich (B5-2-2) two lot subdivision located on Long Pond Road and start deliberations this evening. Michael Poirier seconded the motion. The motion passed unanimously.

Susanne Stich explained the proposed subdivision to the Board. She stated they wanted to keep the 24 acres in current use. They saw an opportunity to purchase the land and keep it undeveloped. We have applied for a Wetlands Permit.

George Holt stated he has been out to see the site. The only comment he has is that the contours on the plan appear different but generally acceptable.

Kenneth Swayze stated she shows an easement through the five acre lot. The Planning Board does not like to see easements for driveways. Would rather see the lot line relocated, etc. On your original application, your plan references a “2 rod lane” or “proprietor’s lane”. What has happened to that?

S. Stich stated that it didn’t turn out to be a legal right of way so they took off the note.

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

Jonathan/Lara Routhier – Present. Stated he was in favor or it. He is renting the house and wants to buy the 5 acre lot.

Mrs. Shelley DalPra – Not Present

Ronald Lekebusch – Not Present. James Marcou stated that Ron Lekebush has spoken with him and wanted him to speak on his behalf. Ron gives his full support of the proposed subdivision.

Robert Chretian – Not Present

Barry Lussier - Not Present

Dana Moquin/Jen Williams – Not Present

Comments from the General Public:

John Trottier asked the Planning Board to request the applicant to dedicate some land for future widening of Long Pond Road.

Kenneth Swayze asked the applicant if she understood what he was asking. He stated the Town usually uses 30 feet for road improvements (from owner’s side of centerline).

George Holt stated that the driveway access is a little tough. We need to have the driveway flagged.

Brian Nordle asked the applicant if they were saying they would not reconfigure the driveway. Do you think the wetlands crossing is the reason for the easement? Stated he hasn’t really studied the plan thoroughly yet.

Kenneth Swayze stated that he personally does not want to see the driveway easement.

James Marcou stated that it is the applicant’s preference regarding the easement.

At this point, the public meeting was closed.

Site Walk was scheduled for Saturday, December 4, 2004 at 10:00 a.m.

NEW HAMPSHIRE TRADITIONAL HOMES (MICHAEL POIRIER) (G4-3-2) PROPOSED SEVEN LOT SUBDIVISION LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH – CONCEPTUAL DISCUSSION: DESIGN REVIEW PHASE PER RSA 676:4 (REQUIRES NOTICE TO ABUTTERS)

At this point in the meeting, Michael Poirier stepped down from the Board because he was the applicant for New Hampshire Traditional Homes. David Breault, Alternate, acted in place of Michael Poirier.

Kenneth Swayze pointed out this was a conceptual discussion as provided for in RSA 676:4 (b) DESIGN REVIEW PHASE. (attached) This discussion is non-binding.

In addition, Kenneth Swayze stepped down from the Board because he was an abutter to the property.

Jacques Belanger, Surveyor, appeared before the Board on behalf of Michael Poirier. He presented a plan showing a seven (7) lot subdivision on Grapevine Road. In addition, he presented a smaller scale plan to members of the Board and the public. (attached)

Jacques Belanger, Surveyor, stated this property was part of the former Wiggins Estate. Will be taking advantage of the Large Lot Zoning Provision within the regulations. There will be two large lots to the rear of the property, with five conforming lots in the front. There are steep slopes in the back where the large lots are proposed. There will be shared driveways. He stated they were looking for input from the Planning Board and abutters.

J. Belanger noted there will be a buffer area and also they will talk with the Road Agent and the Board of Selectmen to see what type of road improvements will be required along the entire road frontage, but particularly at the sharp curve area. (It was noted the Town had already made some improvements at the Farley?Wiggins curve.) .

George Holt asked why they moved away from the PRD.

Jacques Belanger stated that a PRD would create considerable road and the lot sizes would be smaller. This plan allows the applicant to get out with seven lots. Due to steep grades on interior, road would be difficult.

James Marcou stated he was not really happy with the “choked down” and bow tie shaped lots. The lot reduces to almost zero and opens up. This is something that we strifed to do away with. I don’t believe the intent of shared driveways was this. I don’t think it was intended to structure a subdivision around shared driveways. It was to be used because of some compelling reason. Seems to be prefaced around shared driveways. I am sure that is not what we were talking about when we were addressing shared driveways. We would have to hear all compelling information. Don’t know if the lots as shown are in the best interest of the Town of Dunbarton.

Brian Nordle – Stated that if you are engineering driveways here, it would have to be pretty major.

Jacques Belanger stated the driveways will be substantial driveways.

The Board noted that Fire and Safety are going to look at it as a roadway.

Brian Nordle - What about Bella Brook Corridor? We need to verify this.

George Holt stated he had the same concerns as James Marcou. I think I have to think more about the layout. Not in favor of the “bow tie” lots.

James Marcou stated we are trying to eliminate multiple shared driveways.

Michael Poirier, applicant, stated he had looked at the PRD and it would create 12-14 lots with 2,400 feet of Town Road. Didn’t feel the Town needs that. (It was noted, however, that the PRD Ordinance removes steep slopes and wetlands, etc.)

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

Kenneth Swayze – Present. No comments at this time.

Jean/Girard Meisner – Present. Asked where his property abutted. It was noted on the lower side and the subdivision was not going to affect Meadow Road.

Robert/Joann Jergensen – Not Present

Nicholas/Bridgette Holmes – Present.

1. Stated that it seems real clear that the idea is to keep the two back lots as large lots. Would like to see

protection that these lots would not be further subdivided in the future.

2. Stated he was very familiar with this section of Grapevine Road. There are limited sight lines. With four five acre lots, there needs to be shared access. We need to limit access. Down by the old blacksmith lot is one particular location the Board should not be concerned about it being a “bow tie” configuration.

Jeffrey/Katherine Deacon – Not Present

Earle/Catherine Farley – Not Present

Kathleen Joan Desmarais – Present. Stated this is a large number of lots coming out onto Grapevine Road. When does a driveway become a road. I have a great concern about the lots coming out onto a dangerous road.

Richard/Sandra Gendron – Present. Due to the steep contours of the land, what are the possibilities? In order to put my septic system in, I was forced to put my house up in the corner and my house is only 35’ from where the proposed driveway would be. Would like to see the road reconfigured so it is further away from my house. It will devaluate my property. Problems with the curve ahead up beyond the Kingsbury’s. Very dangerous corner for a driveway.

James Marcou - What is the better access?

Jacques Belanger stated the best access would be where the access from the old Blacksmith Shop used to be.

Sue Bye – Not Present

Ryan/Marlo Newicke – Not Present

Alma Kingsbury – Not Present

Carlos DelCarpio – Present. Stated he could not say he would know what impact this would have on his property. Stated he was certainly familiar with Grapevine Road to the point that it is steep and unsafe and he would echo some of the other’s comments. Almost as if there is no good place to access. This is the far corner of Arbutus Farm for me. I have never been there. I would appreciate it if you could walk me through this development. It will affect me. I wouldn’t be in favor of any duplex or multi-family units. It would aggravate the traffic. Everyone speeds and tends to be unsafe. Really don’t have any comment on this at this time, but am very interested in what the alternative subdivision would look like.

Joe/Pam Milioto – Not Present

SPNHF - Not Present

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

Members of the General Public:

Jeff Crosby stated that there was a similar situation years ago with the Hilliard Burnside subdivision. They ended up putting a road to the rear of the property and accessing lots off the road. (Millie’s Way) The property owners are responsible for the maintenance and upkeep of the road. It is a private road.

Members of the Planning Board:

James Marcou stated that construction easements are going to have to be addressed and formulated. They will need a substantial easement for construction along the curve and frontage. Will be more than 30 feet from the centerline of Grapevine Road since those slopes are steep. It will have to be the safest possible access.

Alison Vallieres asked when does the requirement for a Fire Pond kick in. NH Traditional Homes had a three lot subdivision at the bottom of the hill on Grapevine Road from the same original ownership. Does this mean that the seven additional lots would trigger the requirement for a Fire Pond? This is something the Board needs to consider.

Jim Marcou noted that due to the steep and long driveways, and remote building pockets, in-house sprinklers may be a good idead.

OTHER BUSINESS:

MASTER PLAN UPDATE

At this point in the meeting, Michael Poirier and Kenneth Swayze stepped back to the Board.

Brian Nordle reported on the Master Plan process. He stated there will be a Steering Committee Meeting on Monday, December 6, 2004.

Brian Nordle also reported that the next Workshop Session of the Dunbarton Planning Board will be held on Wednesday, December 1, 2004. The following chapters of the Master Plan will be scheduled for Public Input at the Workshop:

Housing Chapter

Historical/Cultural

Visioning Chapter

Population and Economics

GILE ROAD SITE WALK:

James Marcou, Chairman, reported on the Gile Road Site Walk which was conducted last Saturday. He stated about twenty people showed up including a representative from the Town of Bow. Planning Board members, Mert Mann, Selectman and members of the Conservation Commission also were present. Stated the plan is for upgrading Gile Hill Road with a 18 foot traveled surface minimum. This really will be a problem with public safety. Several trees will be taken down. He stated the Conservation Commission agreed the trees should be cut down. The Conservation Commission will hold a Public Hearing to cut the trees down. Will hold the Public Hearing in December.

Kenneth Swayze stated we need the “blessing of all Town Departments on this project.

There being no other business, the meeting adjourned at 9:30 p.m.

Respectfully submitted,