DUNBARTON PLANNING BOARD
TOWN OFFICES –
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
Alison Vallieres, Secretary
Kenneth Swayze, Admin., Planning
and Zoning Department
Mert Mann, Selectman
Brian Nordle
Michael Poirier
David Breault, Alternate
The
Chairman verified with the Secretary that the Public Notice for this evening’s
meeting had been posted in a timely fashion according to State Law in two
public places throughout the Town and published in the
The minutes of the previous
meeting of
The
Chairman stated that the Election of Officers which was scheduled for the
beginning of the meeting would be taken up at the end of the meeting this
evening.
NEW
BUSINESS:
RECEIPT
AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF
PROCEEDINGS:
7:15
P.M. – ANNA CHAN (H5-2-1) PROPOSED THREE LOT SUBDIVISION LOCATED ON GILE ROAD
IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, Kenneth Swayze, Admin., Planning and Zoning, presented a Status Report (attached) which noted many items were omitted from the application. He stated that both he and Michael Poirier had reviewed the application and noted the items missing, etc.
Michael Poirier also confirmed the fact that there
were about twelve missing major items on the application.
MOTION:
Kenneth Swayze made a motion that the Dunbarton
Planning Board consider the Anna Chan (H5-2-1) Application for Three Lot
Subdivision incomplete at this time and
the Board not accept the application.
The motion was seconded by Mert Mann.
The motion passed unanimously.
TED
JOHNSON (H4-2-10) PROPOSED FOUR LOT SUBDIVISION LOCATED ON GRAPEVINE ROAD IN
THE LOW DENSITY DISTRICT IN DUNBARTON, NH
David Breault stepped down from the Board on the Johnson request because he is an abutter to the Johnson Home Property on Route 13.
Kenneth Swayze presented a Status Report (attached)
on the Johnson subdivision and noted they would be requesting two waivers
(attached) regarding the percent of the grade of the road and the maximum
length of road.
Kernneth Swayze and Mike Poirier stated that the
application was essentially complete and would recommend the Planning Board
accept the application this evening.
MOTION:
Kenneth Swayze made a motion that the Dunbarton
Planning Board accept the application for subdivision from Ted Johnson
(H4-2-10) as presented and start
deliberations this evening. The motion
was seconded by Brian Nordle. The motion
passed by a majority vote as follows:
Marcou – Yes
Vallieres – Yes
Mann – Yes
Nordle – Yes
George Holt – Abstained
Jacques Belanger, Surveyor, submitted an Assignment
of Agent signed by Ted Johnson authorizing Jacques Belanger to act in his
behalf.
Jacques Belanger, Surveyor, presented a plan showing the proposed subdivision on Grapevine Road. The total lot is 23 acres and will be subdivided into four individual house lots. He noted there are considerable wetlands on the lot thus the necessity for the waiver for the percent of grade on the proposed road. The wetlands are part of the Bela Brook Wetlands area.
At this point in the public meeting, the Planning
Board decided to act on the two Waiver requests as follows:
1. Waiver for Length of Road
Dunbarton Subdivision Regulations, Section V., Item
F.
“Except where near-future connections may be
possible, dead end streets shall not in general exceed 600 feet in length, and
shall be equipped with a turn-around roadway at the closed end with a minimum
radius of 60 feet from the center to the outside edge of the right-of-way.”
The applicant noted that given the current zoning is
low density with a minimum frontage of 300 feet and lot size of 5 acres, it
would be impossible to develop the rear portion of the land. It should also be noted that no subdivision
in town has been held to the maximum length requirement and this waiver in the
past has been granted.
MOTION:
Kenneth Swayze made a motion that the Dunbarton
Planning Board grant the applicant (Ted Johnson) a Waiver for length of
road. Michael Poirier seconded the
motion. The motion passed by a majority
vote as follows:
Marcou
– Yes
Swayze
– Yes
Nordle
– Yes
Mann
– Yes
Poirier
- Yes
George
Holt - No
2. Waiver for Percent of Grade
–
Jim Marcou, Chairman, read the subdivision
regulations which apply to grades on streets as follows:
“Grades of all streets shall conform in general to
the terrain and shall, so far as practicable, not exceed 5% for major streets
and 8% for minor streets. No street
shall have a grade of less than 1%.”
Jacques Belanger, Surveyor, stated that in order to
keep the grade at 8% would require Wetlands disturbance and a greater length of
road. The proposed placement of the
roadway as shown on the plan would not impact the Wetlands but the grade would
be at 10%. Thus the necessity for the
Waiver. This will keep the road out of
the wetlands area.
Jacques Belanger stated the proposed road will be
coming off the pavement at 4% and then 10% for 450 feet until the
culdasac. In order to maintain the
slope, we would have to fill in the valley area.
Kenneth Swayze
stated that Don Mayo, Town Engineer, had reviewed the plan this
afternoon and Mr. Mayo does not have a problem with this. Don Mayo doesn’t think the grade for 450 feet
is any great magnitude. Would like to
have the upper entrance and level of the culdasac leveled at 2% grade. The road is a good design.
Kenneth Swayze noted there is another piece of
property down from and abutting this one.
We should provide for a 50 foot right of way to the property line that
makes the other lot not land locked. (Juneau Development, over 100 acres. We would like to ask the applicant to address
this. It could be used as part of a
connecting road. This could be a second
access point.
Michael Poirier asked if they were to “unroll the
culdasac” and make a hammer head at the property line, what would this
entail?
Jacques Belanger stated this particular developer is
looking for a “closed” neighborhood if possible.
The Board noted at the present time, the Road Agent
favors culdasacs instead of hammer heads.
At this point in the discussion, George Holt stated
he would like to walk the site prior to voting on the waiver. If we go out on a site walk, and they are
already working on the road plans and it doesn’t work what happens then.
Kenneth Swayze noted the plans have been available
for Board member review for over two weeks, and stated the Board can always
rescind the waiver at a later time.
Michael Poirier stated we are not going to be
setting things “in stone” at this point anyway.
We might as well act on the waiver now.
Brian Nordle stated he always gets nervous when it
gets over 8% grade.
James Marcou stated he sounds to him like a waiver
is necessary for the wetlands protections.
Kenneth Swayze stated that overall “dirt” work will be reduced if the waiver is
granted.
Mert Mann asked if the Board has ever rescinded a
Waiver once it has been granted.
It was determined the Planning Board has not
normally rescinded Waivers in the past.
George Holt stated he was not adverse to the Waiver
because it is of definite protection to wetlands and is a better design. 8% is what we mandated and would like to see
if there is that much benefit, etc.
George Holt stated he felt we should have a site
walk prior to voting on this. We have
two more meetings to go on this issue and it is premature to vote at this
time.
MOTION:
Michael Poirer made a motion that the Dunbarton
Planning Board grant a Waiver because of wetlands impact to allow for an access
road with a greater than 8% grade but no more than 10%. Kenneth Swayze seconded the motion. The motion passed by a majority vote as
follows:
Marcou – Yes
Swayze
– Yes
Vallieres
– Yes
Mann
– Yes
Poirier
- Yes
George
Holt - No
Nordle
– No
Jacques Belanger, Surveyor,
addressed comments as follows:
1.
The intersection location provides for a 400 foot sight distance. They will be taking out the big trees.
2.
Assignment of Agent has been done.
3.
Plan comments:
Meadow Road was closed in 1907. The road could have been divided in half and
given to each abutting landowner at that time.
At this point in the meeting, Chuck Morin was determined to inquire as
to the actual ownership of the road.
Private interests have rights to use the road. Still needs to be determined as to who owns
the road. Meadow Road is only two rods
wide.
Permit Status – There is no application necessary
for wetlands; Only need Town Approval
for subdivision.
Wetlands Conservation District (Bela Brook Area) –
Need to provide for 125 foot setback from the Bela Brook Wetlands. Will be on the plan next meeting.
Abutters were read as follows and it was noted all
had been notified by certified mail:
Juneau Development, LLC – Present. Represented by Mark Desmarais. Mark Desmarais stated that yes, he was
representing Juneau Development. He
stated that he thinks the Town should take into consideration what Zabadee did
up the street. That development actually
brought the road to the next abutting property.
I believe the road, for the benefit of the Town, should and could go
right to the property line. It gives a
direction to other people. There are
about 400 acres in back there. Do you want
five different roads? With Zabadee, they
went right through to the property line.
Would be building the same amount of road. I think that would benefit the Town.
Richard Burchell – Not Present
Richard/Mary West – Not Present
Douglas and Tammy Garcia – Not Present
Peter Nieves – Not Present
Pamela Sullivan/Lee Richmond – Present. Lee Richmond asked about the access road to
the Juneau Property. I was trying to find the reason why but I understand that
Bela Brook is a pretty well protected area.
I don’t know to what distance to Bela Brook this is. Because this is Juneau, I am not really sure
what the situation is.
J. Belanger stated that there is still probably a
good several hundred feet of useable upland to the Bela Brook line.
Lee Richards asked if there is any way the developer
could cluster the buildings so there is some sort of maximizing the land. This is a good chunk of land, over 20
acres. Goes out into Turkey Pond. What about the overall impact of the
consideration before and after the construction? I do
want to raise the concern. Where are we
putting the runoff?
J. Belanger stated they have to complete the
engineering and will have to have some sort of drainage plan.
For Zabadee there was to be a collection pond. Quoted 425:A:17 that states if any clearing
greater than 100,000 square feet, they need a Site Specific Permit.
Charles/Sandra Morin – Present. Stated he actually didn’t have any issue with
this. Hopeful in believing that when
Meadow Road became discontinued, the abutters would have each received half the
road. Would only use the road as a
second access. Asked about the houses on
the two lots that abut his property. The
location of the houses would be 50 feet setback but it is nice to have the tree
line buffer. I was wondering if I was
going to be looking right back into a development. Just a question. There was just going to be a lot of
acreage. That wasn’t really what I
wanted to use as an access road. It is
really nothing more than an access road.
I don’t even know where Juneau’s property is.
Kenneth Swayze stated that Meadow Road was
discontinued in 1907 and was discontinued for a reason; i.e. extensive wetlands. .
Charles Morin stated if there is some sort of
buffer, he would be happy.
Lahajji Development, LLC – Represented by Mark
Desmarais. Mark Desmarais stated he was
also representing Lahajji Development.
Stated he had the same basic comments as previously. He stated he thought it would be beneficial
for the Town to take the Zabadee example of giving access to the abutting
property owner. There is 400 acres that
abuts this, and I would think the Town would actually like to do something like
this. If not, they will have a bunch of
developments with dead end roads. They
would have a consideration of one road instead of five separate dead end roads
that are less safe and more difficult to maintain. Tim Bernier doesn’t know what the plans are
for Lahajji or Juneau Development. The
Town has always said they don’t want a lot of dead end roads.
County Woods – Present. Stated they were all set.
Cherie/Karl Boisvert – Not Present.
AC Engineering and Consulting – (representing the
applicant) Not Present
Schauer Environment Consultants – (representing the
applicant) Not Present
J. E. Belanger Surveying – (representing the
applicant) Present
Other Members of the Public:
John Trottier, 300 Stark Highway North –
1.
Asked that before the Board will make a decision, they may want to look
at the length of the landing off Grapevine Road.
2.
As far as the development goes, would asked that they set aside at
least 25 feet off the right of way for future off site road improvements (along
Grapevine Road).
3.
Regarding the culdasac is the configuration like that to gain
frontage? What is your frontage on that
lot?
Answer: 314
feet
Jacques Belanger stated they were building a reverse
arrangement culdesac. landing (reverse arrangement). Regarding the comment about the frontage, the
culdesac does make for the frontage.
This is normal. Option would be a
standard road with a hammerhead at the end.
John Trottier stated it doesn’t look standard to me.
K. Swayze stated we have no standard at this
point.
The Board noted they will do a Site Walk of the
property. Will be coordinated with the
next proposed subdivision on the agenda.
MOTION:
Kenneth Swayze made a motion that the Dunbarton
Planning Board continue the Public Hearing for the Edward E. Johnson and
Margaret A. Johnson (H4-02-10) Proposed Four Lot Subdivision to next month’s
meeting. The motion was seconded and
passed unanimously.
Kenneth Swayze stated he wanted to clear something up that George Holt had stated. Ken stated that if the applicants have done all their “homework, they would only need one more meeting.
SIMON AUDET (C7-1-9)
PROPOSED FOUR LOT SUBDIVISION LOCATED ON TWIST HILL ROAD IN THE LOW DENSITY
DISTRICT IN DUNBARTON, NH
David Breault stepped back on to the Board.
Kenneth Swayze reported on the application and presented a Status Report to the Board (attached). He stated he and Mike Poirier reviewed the application and it was basically complete but had minor plan details that need to be corrected.
MOTION:
Michael Poirier made a motion that the Dunbarton
Planning Board accept the proposed Simon Audet (C7-01-09) Four Lot Subdivision
as amended. Kenneth Swayze seconded the
motion. The motion passed unanimously.
Jacques Belanger, Surveyor, noted that the access to the Wheeler Property (C7-1-11) was not a defined access area at this time. It is the intention of Simon Audet and Wheeler to come to an agreement on the exact location of the access. Right now it is an undefined access.
After discussion between the Board, Simon Audet and Wheeler Heirs (Paul Bruzga), the applicant decided to withdraw the access area notation at this time and address it after the subdivision was completed.
Brian Nordle stated that according to the plan, the access to the Wheeler lands will be 30 feet. Is this correct?
Simon Audet stated that the access is just to replace an existing agricultural right of way which is presently undefined.
The Board noted it was a moot point because the
applicant was withdrawing the access provision
on the plan at this time. Jacques
Belanger, Surveyor, stated he will be taking the access area off the next plan.
Jacques Belanger, Surveyor, explained the plan stating that it was on the west side of Twist Hill Road. Consisted of 27 acres to be broken up into four house lots. Have already done the test pits. There is no impact to wetlands. There is an existing pond.
George Holt said that you stated this was part of a larger parcel previously. There have been already a number of lots broken off. Does this mean the Board should address Fire Pond, etc.
Jim Marcou stated that the Board is talking about four lots now. Fire Pond issue does not apply in this instance. The Board noted that any previous division of the property had been done a long time ago before the Fire Pond requirement. There is one lot across the street which was broken off, but it was already a separate lot due to the road dividing it.
Abutters were read as follows and noted that all had been notified by certified mail:
JWF Real Estate and Development – Not Present
Lewis/Penny Fortin – Not Present
Roger/Marjolane Bergeron – Not Present
Jeffrey Rousseau and Kathy Heon – Not Present
Wheeler Family Trust – Present. Paul Bruzga representing Wheeler Family Trust was present. Stated they were proposing trading, at a later date, an access for one that is more particularly defined. That was his main concern.
Jamie/Sharyn Goddard – Not Present
Mark/Siobhan Dougherty – Not Present
J. E. Belanger Surveying – Present (representing the applicant)
Other Members of the Public:
John Trottier – Asked if there was sufficient sight distance for all the driveways.
Suggested that 25 feet off the existing centerline be given to the Town for future road improvements. Again, the developer is coming to the Town for approval. If we remove all the corners, and there is a need for 25 feet off the centerline, we should ask that the developer would voluntarily grant the additional land required, etc. for slope easements, etc.
Ken Swayze noted this would in fact be looked at at during the site walk (road conditions).
The Board noted they just need to avoid an “unfair taking of land”.
The Board noted that 200 feet sight distance is typical for a driveway.
The Board will be doing a Site Walk at some time prior to the next meeting. At that time, the driveway locations should be marked.
Jacques Belanger, Surveyor, will call the Chairman to schedule the Site Walk.
MOTION:
Kenneth Swayze made a motion to continue the
public hearing on the Simon Audet (C7-1-9) proposed four Lot Subdivision
located on Twist Hill Road until the next scheduled regular meeting in
June. The motion was seconded by Michael
Poirier. The motion passed
unanimously.
OTHER BUSINESS:
RECEIPT OF TWO (2) PETITIONS:
1.
REQUEST FOR REHEARING OF THE PLANNING BOARD’S
CHANGING OF OUR TOWN’S SUBDIVISION REGULATIONS.
2.
REQUEST FOR REHEARING ON CHANGES TO LAND
SUBDIVISION CONTROL REGULATIONS.
James Marcou, Chairman, asked for a Spokes Person to come forward and explain the reasons for the petitions. He asked if the Board should act on them separately or combine them.
No one came forward at
this time.
After discussion, the Board agreed to combine the two petitions.
MOTION:
Kenneth Swayze made a
motion to consolidate the two petitions into one. George Holt seconded the motion. The motion passed unanimously.
J. Marcou summarized the petitions and stated that the Board had not posted the Public Notice on the Dunbarton Web Site, but had published it in the Concord Monitor and in two public places in the Town. In addition, there was a complete Document at the Town Office explaining the proposed changes. He stated the posting of the notice was in accordance with the State Statute as to posting public hearings. The posting on the Web Site was an article which was passed at the Town Meeting. There have been problems in the past with postings on the Dunbarton Web Site.
J. Marcou stated that with regard to the Board not accepting testimony from the public, there was a letter from Margaret Watkins which had been put on the Planning Board’s table the evening of the meeting and had been covered up with mail. Margaret Watkins was not present at this meeting. He did not realize the letter was even there until he got home after taking the mail and discovered it mixed in with the mail. There was no prior notice that the letter was there nor did any person in the audience or present on the Board inform him the letter was there. This is the reason the letter was overlooked.
James Marcou stated that the only issue before the Board at this time is whether or not to grant a rehearing.
George Holt – Stated that just as a matter of courtesy, the Board should grant a rehearing. People evidently feel they did not have a chance to discuss these changes to the subdivision regulations. I was never provided an advance copy of these proposed changes either. I think a lot of people think they were not adequately informed.
Michael Poirier asked if any of the people that felt they were not informed were present.
At this point in the meeting, Michael Shearin, 334 Stark Highway North spoke – He stated that there are a large number of people who felt that the information made available prior to the meeting was inadequate. I would agree with George Holt and do feel there was no opportunity to review the proposed changes.
Brian Nordle stated that a copy of what is being discussed was definitely available at the Town Office.
M. Shearin stated that notices of proposed changes should be in sufficient detail so that people completely understand what is proposed.
Lee Richards stated that as member of the Master Plan Sub-committee, who just found out their committee had not been posting their meetings properly, he felt it would be good if the public understood what the correct process was.
Alison Vallieres, Secretary, stated that she posts the Public Notices in four public places, (State Law says two public places) and publishes in the Concord Monitor for one day. In addition, she makes sure it is put on the Dunbarton Web Site. She stated that during the last week of March when this was done, she was on vacation. Ken Swayze did a good job, but somehow it was not put on the Web Site. The complete information package on proposed subdivision regulation changes was available at the Town Office during the time period prior to the public meeting.
Leo Martel stated he was under the impression that it was going to be posted on the Web Site and so maybe that was a mistake. I rarely read the newspaper and I check out the Web Site regularly. But again maybe it is fair to allow the rehearing.
MOTION:
Kenneth Swayze made a
motion that the Dunbarton Planning Board grant the request for a rehearing for
the proposed changes to the Subdivision regulations. Michael Poirier seconded the motion. The motion passed by a majority with the
following vote:
Marcou – Yes
Swayze – Yes
Poirier – Yes
Holt – Yes
Vallieres – Yes
Breault – Yes
Nordle - Yes
Mann - Abstained
At this point in the discussion, James Marcou stated that the item will be put on the agenda for the July Workshop Meeting.
MASTER PLAN UPDATE:
Brian Nordle reported on the Master Plan progress. Stated there would be two or three more meetings of the Land Use Committee. The final draft will be at the next meeting. Members have been given writing assignments.
Historical Committee will be starting to meet in July.
George Holt asked that the Board go over the Buildout Study which he has been working on at the next Workshop Meeting. The Workshop Meeting will also be going over the Site Plan Review Regulations proposed changes.
NEW BUSINESS:
Informal Non-Binding Discussions:
Don Duval –
Flagstone, Everett Road
Don Duval, Surveyor, representing Flagstone (Dave Piper), appeared before the Board with a conceptual plan showing a subdivision of property on Everett Dam Road. He would like to create two building lots, one 6 acres and one 12 acres. Because of wetlands issues, he would propose negotiating a 20 foot strip to access to one of the lots.
Kenneth Swayze stated he would like to see a greater than 20 foot but under 50 foot strip for access. It was noted the Wetlands must be flagged, for this particular application.
Paul Simineau,
Robert Rogers Road
Jacques Belanger, Surveyor, appeared before the Board with a conceptual design showing 11 acres on Robert Rogers Road broken into two lots, one being 5.9 acres and the other 5 acres. Soil is Shapleigh. In order to avoid wetlands, they would proposed a 50 foot easement for access from another lot.
Board may do a non-binding Site Walk to look at situation, if time permits.
Gerald Gelinas,
Gorham Pond Road
Jacques Belanger, Surveyor, stated that Gerald Gelinas would like to break off a lot of 12 acres with 225 foot frontage. The Board noted this would come under the recent Large Lot Subdivision regulation.
The Board asked what is going to happen to Mr. Gelinas vehicle salvage yard. Stated the Town has received complaints in the past. Is he going to be willing to clean the area up?
J. Belanger noted there is less than 3,000 feet of impact on wetlands.
Would like to come before the Board at the next meeting with a proposal.
ELECTION OF OFFICERS:
Secretary
MOTION:
A motion was made by
Kenneth Swayze to elect Alison Vallieres as Secretary. The motion was seconded by Michael
Poirier. The motion passed unanimously.
Chairman
MOTION:
A motion was made by Michael Poirier to elect James Marcou as Chairman. The motion was seconded by Mert Mann. The motion passed unanimously.
Co-Chairman
MOTION:
A motion was made by
Michael Poirier to elect Brian Nordle as Co-Chairman. The motion was seconded by Kenneth
Swayze. The motion passed
unanimously.
There being no further business, the meeting adjourned at 9:15 p.m.
Respectfully submitted,
Alison R. Vallieres, Secretary