DUNBARTON PLANNING BOARD
WORKSHOP SESSION AND MASTER
PLAN CHAPTER REVIEW
TOWN OFFICES –
The regularly scheduled Workshop 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
Kenneth Swayze, Admin., Planning
and Zoning Department
Mert Mann, Selectman
George Holt
Michael Poirier
David Breault, Alternate
The
Chairman verified with the Secretary that the Public Meeting Notice had been
posted in three public places throughout the Town in a timely fashion in
accordance with State Law and also put on the Dunbarton Web Page.
Approval
of the minutes from the previous Workshop Session of
OTHER
BUSINESS:
Kenneth Swayze noted that Kevin Burgess (new owner of the
former Ted Johnson subdivision located on
Mr.
Burgess stated he would like to be able to take advantage of the weather for
the next two weeks and start work. Stated
he has completed the normal logging, etc. and is looking to get in and start
stumping.
K.
Swayze indicated an excavator appeared recently on the site and we have limited
it to the siltation fence. They are now
looking to go “full speed ahead”. We
need, at least, some residue bond. Have
referred it to Don Mayo who has concerns about steep grades and concerns about
erosion control in the winter. It was
noted the Bela Brook Corridor was located directly next to this project.
Burgess
stated he had asked Don Mayo what he would allow. Don Mayo did not give him a definite
answer.
The
Board noted that no materials are to be deposited or worked on frozen
soil.
James
Marcou stated the applicant needs to post a bond and submit a plan. Physical plan has been submitted (only a
paper copy) was brought in yesterday.
Don Mayo will have to look at it also.
Burgess
again stated he was looking for the Town’s approval to start pulling stumps, at
a minimum.
George
Holt asked if there has been an erosion control plan submitted yet. There is a large area that has been opened
up. It has been widened. Seems like more than 2 ½ acres. If you are going to start work now, how are
you going to stabilize the slopes? In
two weeks you will probably have to stop because of frozen ground.
Burgess
stated they want to gain access to the lots so they are accessible with a
vehicle to get down there. In two weeks
when the plan is recorded, we can proceed.
Am asking if in this two week period, we can get started.
James
Marcou stated the Planning Board tried to work in good faith with other people
and pretty much got “screwed”. Don’t
take this personally, but we have been taken advantage of in the past. I don’t like the idea of breaking ground
until everything is in place. I don’t
want anyone putting any equipment on the ground until there is a bond in
place. We want some money in hand.
Kenneth
Swayze asked what they plan to do with the stumps. Also will need money for Don
Mayo’s inspection (escrow account) of two weeks of work if we let them commence
work. Have mixed feelings about
this.
Dave
Breault stated the Planning Board needs to “cover their butts” on this.
Kenneth
Swayze stated they will be done in no time as far as stumps are concerned. Don’t have a lot of work to stump the
site.
James
Marcou indicated the Town Engineer, Don Mayo, is unfamiliar with the plan. He has to look over the plan and you need to
get the Town a bond. You couldn’t dig
this week anyway. This could be a moot
point. Could be done next week.
MOTION:
James
Marcou made a motion that the Dunbarton Planning Board wait for the plan to be
signed and the Bond in place before work can commence on the former Johnson
(now Burgess) subdivision located on
James Marcou noted that the subdivision is in close proximity to a very important body of water, Bela Brook. We are not going to allow any siltation to go down the hill into the Bela Brook area. Stump grindings can be good for stabilizing the soils. Need an escrow account for Don Mayo’s review and inspections.
MASTER PLAN CHAPTER REVIEW:
Brian Nordle, Co-Chairman of the Master Plan, stated that the Planning Board would be reviewing four chapters this evening.
Population and Economics:
Jeff Trexler, Sub-Committee Chairman of the Population and Economics Chapter, appeared before the Board. He stated the chapter included a lot of statistics. He wanted to point out that some of the population projections are conflicting. One of the tables states population will be 2,400 in 2005 and we have already hit that figure. It was noted that we have population spurts over years and it balances out.
There was no public comment.
Historical and Cultural Resources:
Patty Shearin, Sub-Committee Chairman of the Historical and Cultural Resources Chapter, appeared before the Board. Stated their committee was lucky to have strong support from both the Historical Society and the Historical Awareness Committee. Most of the committee’s objectives and recommendations will be carried out by both these groups. One of the main goals of the committee was to have better communication between the two groups. Stated there was a section from James Garvin which was written in 1996 regarding Pages Corner.
Patty Shearin stated that another one of the goals was to catalog and preserve everything in the Town Vault. This will be a major undertaking.
Patty Shearin also reported that Bud Noyes was completing a map of Dunbarton which will show old cellar holes. This will be included within the Master Plan.
There was no public comment.
Housing:
David Breault, Chairman of the Sub-Committee on Housing, reported that the housing report was composed of many statistics. He noted that Dunbarton presently has the highest number of students being schooled out of town. In addition, there are 50 home schooled children in Dunbarton.
He noted that one of the goals was to look into some sort of Growth Management Ordinance based upon the current conditions in Dunbarton and area towns.
Kenneth Swayze stated that the Building Department has processed 28 building permits for new homes this year. This is about average for Dunbarton, based on the last 10-15 years..
Jacques Belanger asked about how affordable housing is addressed in Dunbarton. It was noted that as yet, the State has not mandated that Towns provide for affordable housing. There is presently a bill in the Legislature which would address this. The Board noted that a starter home in Dunbarton is selling for $350,000.
There were no other comments from the public.
Visioning:
Brian Nordle presented the Visioning Chapter. This is a chapter which is a summary of the main goals of the other chapters in a summary form. In addition, the Chapter highlights the Visioning Session which was conducted in January of 2004.
There were no comments from the public.
Simon Audet/Richard Burchell and Paul Bruzga re Audet
Subdivision and Right of Way:
Simon Audet and Richard Burchell appeared before the Board and requested that the final plan for the Audet Subdivision be signed.
At this point, James Marcou, Chairman, asked if there was any conflicts of interest for Michael Poirier to serve on the Board for this issue. Michael Poirier stated there was no reason why he couldn’t serve. There was no conflict of interest on his part at this time.
Jim Marcou stated that Paul Bruzga has come before the Planning Board with an appeal not to sign the subdivision plan. He has felt that his interests have not been shown on the plan according to his wishes. The plan does not show the easement.
The Planning Board indicated they did not feel comfortable in having the plan signed until the right of way to Bruzga was worked out between the two parties as agreed upon at the time of the approval. At that time, both parties had agreed that the location etc. of the Brusga ROW could be worked out. The plan as submitted does not show the location of any ROW, but only “describes: it in notation form..
At this point, the Planning Board asked who the owner of the property presently was. Richard Burchell stated he was now the owner of the property. Simon Audet stated he still had an interest in the property. Mr. Burchell stated that the deed states that the location of the right of way is at the northerly end of the property.
Mr. Bruzga indicated that Attorney Tom Cooper had stated that his client would agree to showing the ROW on the plan, and now the ROW is not on the plan. Because of this, Mr. Bruzga does not feel the plan should be signed. The Board asked Mr. Burchell why the ROW is not on the plan.
J. Marcou stated we want to make sure that all agree that this is what you want.
Richard Burchell stated that the reason why the right of way is not on the plan is that the deed says “the northerly end”. Mr. Bruzga wants the right of way in a different location which would ruin the proposed driveway entrance of the lot. Mr. Burchell stated he is willing to grant a 30 foot ROW on the north end of the lot. Against my own better judgment, I deferred to Attorney Cooper and offered to sell Mr. Bruzga Lot 4 at the same price that I had a contract in existence with another party. I would then have to put the people on a more expensive lot. I gave Mr. Bruzga a deadline and it passed. Sometime a week after the deadline Mr. Cooper received via FAX (attached) from Mr. Bruzga a somewhat different version than what my offer was which was to expand Lot 4 by the frontage and then the frontage on all the other lots would change and the acreage would go from 7.5 acre to 12 acres. It was not at all what my offer was. From that point on, there was no way to reach agreement so that is why we are where we are tonight. Mr. Cooper felt this note was sufficient to explain the right of way.
Paul Bruzga stated there is a right of way in a specific width. Jacques Belanger knows where it is. Can see on the map behind you. I don’t think there is any question in any one’s mind.
At this point, Jacques Belanger, Surveyor, stated that there are breaks in the stone wall where a driveway could have been for logging trucks, etc. In addition, there are breaks in the wall to the rear of the property. This is not to say this is the exact location. It is not specified in the deed easement.
At this point, Kenneth Swayze stated that he has spoken with Town Counsel and the Planning Board cannot be responsible for this. It is up to the owners. There is a break in the front and a break in the back. Documentation of that easement is very vague. Asked Mr. Bruzga if he has brought in any professional surveyors to walk the property to determine what their thoughts are.
Mr. Bruzga stated that he had a friend, Steven Nicks, Gilford or Laconia, go over the easement with him. He did not have anything in writing from Mr. Nicks.
The Planning Board indicated they should not be getting into the “nuts and bolts” of this issue. It is up to the owners to work it out.
Simon Audet stated this was pasture at one time. You (Mr. Bruzga) have a ROW on the north end through a piece of woodland.
Jacques Belanger, Surveyor, noted they need to agree on the location of the ROW.
The Board advised both parties to get this resolved before coming back to the Board.
MOTION:
Kenneth Swayze made a motion that the Dunbarton
Planning Board defer the signing of the plan (Simon Audet) for one month and
the parties consult with Professional
Land Surveyors to enlighten all parties and hopefully reach some
agreement. The motion was seconded and passed unanimously.
The deadline will be for the January 19, 2005 Planning
Board Meeting.
Simon Audet stated back in the 70’s, the Planning Board never knew there was an actual ROW on that land. He (Bruzga) came to me and asked permission to haul wood out of there.
Golf Course – Site Plan Review:
Kenneth Swayze stated that the Planning Board Secretary or Town Offices had not received any abutters list for the Site Plan Review of the proposed Golf Course Development by the deadline.
Based on this information and at the request of the applicant, , the Board agreed to have an informal, short conceptual review at the regular meeting. The abutters will not be notified.
There being no further business, the meeting adjourned at 8:30 p.m.
Respectfully submitted,
Alison R. Vallieres, Secretary