DUNBARTON PLANNING BOARD

WEDNESDAY, JULY 21, 2004

TOWN OFFICES – 7:00 P.M.

The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Co-Chairman Brian Nordle presiding. The following members were present:

Brian Nordle, Co-Chairman

Alison Vallieres, Secretary

Kenneth Swayze, Admin., Planning and Zoning Dept.

Mert Mann, Selectman

George Holt

Michael Poirier

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

Approval of Previous Meeting Minutes: June 16, 2004

A motion was made, seconded and passed unanimously to approve the minutes of the June 16, 2004 Planning Board Meeting as written.

PUBLIC HEARINGS:

EDWARD AND MARGARET JOHNSON (H4-2-10) PROPOSED FOUR LOT SUBDIVISION LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON

Kenneth Swayze presented a status report on the proposed four lot subdivision. (attached) He stated the applicants were seeking final approval this evening.

Kenneth Swayze noted the Surety Bond has been estimated to be $175,000 plus 10% for a total of $192,500. A schedule of values needs to be submitted and reviewed.

Jacques Belanger, Surveyor, stated there was abutter’s concerns about the entrance way to the lower adjoining large-lot property. Alignment to come in an L type turn with construction easements to the property line. Everything else has been addressed.

K. Swayze noted that Jacques’ replacement representative at the last meeting had agreed to the 30 foot easement deeded. The line of sight will be cleaned out. It needs to be shown on the plan.

The Board asked that the Wetlands Conservation Setback be shown on the ground by placing flagging. It was noted that Bow uses triangular signs. Asked George Holt for his input. George recommended flagging because trees can be cut, etc.

Kenneth Swayze noted they need to complete a full road signs list, i.e. End of Road, Street Name signs, Street intersection signs, etc. In addition, they need to get approval from the Fire Chief for the new road name (Natalie Drive).

Jacques Belanger stated that the Fire Chief had not approved the name as yet, but it will be taken care of.

The Board requested the slope easements be shown on the plan as a dotted line and referenced in favor of the Town.

Brian Nordle stated that physical appearance of the slopes may change in the future because of mowing, etc.

Kenneth Swayze stated they need to put a note on the plan showing ownership of Meadow Road. (It is owned to the center of the road by each abutting landowner.) (Meadow Road was discontinued in 1907.) Note needs to be on plan that it allows access for existing landowners via Meadow Road.

George Holt asked if when they computed acreages for the proposed subdivision, you did not use the acreage of Meadow Road? Jacques Belanger stated no, he did not use that acreage in his computations. The total acreages of the lots do not include Meadow Road land.

Brian Nordle stated the sight line should be inspected prior to acceptance of road. Don Mayo had concerns that it is minimal. He also has concerns that it will not get cleared.

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

Richard/Mary West – Not Present

Charles/Sandra Morin – Not Present

Juneau Development LLC – Not Present

Douglas/Tammy Garcia – Not Present

Pamela Sullivan/Lee Richmond – Present. Lee Richmond stated he felt this was a really good plan and it shows a lot of respect for the land. Concerned about running that road down to the end of the property. Don’t see anything really being able to happen at that other property. Feel you are sending the wrong message to the developer and future developers that they could put a road over Bela Brook.

K. Swayze stated this is a landlocked parcel and this is the way it is shown on the tax maps. The Planning Board has an obligation to landlocked parcels to try to provide access.

Lee Richmond stated he didn’t feel you can get access through the wetlands. That parcel has an access point at another point.

Michael Poirier stated the State will make a determination as to whether or not a crossing of Bela Brook could be made.

K. Swayze noted that the Wetlands Conservation District allows placement of roads.

Richard Burchell – Not Present

Cherie/Karl A. Boisvert – Not Present

Lahajji Development, LLC – Not Present. At this point, Tim Bernier stated that Lahajji had looked at the revised set of plan and have no problems with it. This is the least impact to the wetlands.

Country Woods – Not Present

Peter A. Nieves – Not Present

AC Engineering & Consulting – Not Present

Schauer Environmental Consultants – Not Present

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

No other public comment.

The public hearing was closed.

MOTION:

Kenneth Swayze made a motion to approve the proposed subdivision of Edward E. Johnson and Margaret A. Johnson (Country Woods, Developers) of Tax Lot H4-02-10 consisting of a four Lot subdivision on 22.5 acres, including approximately 1,100 feet of new town roadway (to be known as “Natalie Drive”), located in the Low Density (Five Acre) Residential District on Grapevine 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).

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. Posting of a surety in the amount of $175,000, plus 10% escalation factor ($192,500 total), for the construction of roadway(s) and off-site improvements, for the entire project.

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.

Michael Poirier seconded the motion. The motion passed unanimously.

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

Kenneth Swayze presented a status report on the GPS Proposed Subdivision. (attached)

Mike Dalberg, Surveyor, presented the proposed plan. He stated that lots were flagged on the ground as well as the proposed driveways. He had added a note to the plan. He stated they have no intention to develop the rest of the property at this time. The main thrust of plan is these two lots.

The Board asked about the Wetlands Conservation District and if it affects this plan.

After discussion, it was determined that the immediate plan is not affected by the Wetlands Conservation District, but may be included in the remaining large lot of 89 acres.

K. Swayze noted there appears to be a stream which is part of Harry Brook shown on the plan.

M. Dalberg stated that it must be Contiguous Soil to certain water areas but this doesn’t affect this area at

all.

George Holt stated it looked to him like it was okay.

Michael Poirier asked about putting a line showing the 125 foot setback on the plan on the large remaining lot.

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

Dennis/Tammy Little – Not Present

Schauer Environmental Consultants – Not Present (representing the applicant)

Alain/Phyllis Biron – Present. Stated they had no problem with the present subdivision as it sits. Concerned about the larger parcel and what becomes of that.

Henry/Joan Burnham – Not Present

Wayne/Mary Bracy – Present. Stated he was not too concerned about what was happening now but am concerned about what happens next. We are on Old Mill Brook Road and our house is 15 feet from Old Mill Brook Road.

Ronald/Edith Soucy – Present. No problem with it as it stands right now.

Mary Story Heirs – Not Present

Michael/Christine Soucy – Not Present

Robert/Gerald Bourassa – Not Present

Jason T/Gail Georgantas – Not Present

Keith Jordan – Present. Stated that the swamp was on his property. You guys can look at that and make sure it is taken care of. It is feeding from the other side. Asked about the location of the proposed house and septic location on the plan. M. Dalberg pointed it out on the revised plan.

K. Jordan asked if it would meet all the setbacks. M. Dalberg stated, “Yes, it will meet all setbacks”.

William Schlottman – Present. No comments.

Eleanor Swindlehurst Trust – Not Present.

John Swindlehurst Trust – Not Present

Peter/Linda Hecker – Not Present

Richard/Nicolette Hecker – Not Present

No other comments from the public.

MOTION:

George Holt made a motion to approve the proposed subdivision of GPS Properties, Inc. of Tax Lot C4-01-03 consisting of a three Lot subdivision on approximately 99 acres (existing single-family residence lot, plus two new lots) located in the Low Density (five acre) Residential District on Route 12 and Black Brook 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).

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 an 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.

6. Subject to the Wetlands Conservation District boundary verification by the Conservation Commission.

Michael Poirier seconded the motion. The motion passed unanimously.

NEW BUSINESS:

REQUEST FROM TIM BERNIER, REPRESENTING ZABADEE DEVELOPMENT, LLC. (I4-02-04) FOR A MINOR MODIFICATION TO AN APPROVED SUBDIVISION – PROPOSES TO ESTABLISH PHASE LINE FOR ROAD CONSTRUCTION AND INITIAL LOT DEVELOPMENT.

Tim Bernier, representing Zabadee Development, appeared before the Board with a request to phase properly a previously approved subdivision. They only want to develop the first phase. If we do not do this, there would be improper frontage for the large lot.

George Holt asked if the fire pond issue is still part of Phase I. The Board noted it was. Nothing else changes other than the Phase Line. There will be one less lot. It was noted that this is not a public hearing. This is a previously approved subdivision.

MOTION:

Kenneth Swayze made a motion to accept the Revised Phase Line for road construction as submitted by Tim Bernier, representing Zabadee Development. Alison Vallieres seconded the motion. The motion passed unanimously.

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

PAUL AND BARBARA SIMONEAU (E5-4-3) PROPOSED TWO LOT SUBDIVISION LOCATED ON ROBERT ROGERS ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze presented a status report on the proposed Simoneau Subdivision. (attached)

He stated the intent of the plan is clear even though there are items missing, etc.

MOTION:

Michael Poirier made a motion that the Dunbarton Planning Board accept the application for the Paul and Barbara Simoneau (E5-4-3) Proposed Two Lot Subdivision located on Robert Rogers Road in the Low Density District in Dunbarton, NH and start deliberations this evening. George Holt seconded the motion. The motion passed unanimously.

Paul and Barbara Simoneau were present. Jacques Belanger, Surveyor, stated that this is a 10.9 acre lot. They are breaking off a frontage lot and will provide a 25 foot driveway easement to the new lot of 5.9 acres which is over half wetlands.

Kenneth Swayze asked how close can the driveway be to any new construction, etc. ?

The Board concurred that 10 feet is plenty for a setback for the driveway from the new work to be built. The driveway would have to be within the deeded easement of 25 feet.

Kenneth Swayze asked for monumentation on the rear of the lot. Stated the Board is going to start asking for replacement of poor monumentations.

Jacques Belanger stated that typically we don’t replace pins without permission of the abutter.

George Holt asked if the second lot qualified as within the Wetlands Conservation District. He stated he will verify this by the next meeting.

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

Daniel/Johanne Duchesne – Not Present

Thomas/Eleanor Watts – Not Present

Jeffery/Melinda Spill – Not Present

Timothy/Holly Twitchell – Not Present

Edward/Helen Knight – Not Present

Michel Belanger – Not Present

James/Jacqueline Michaud – Not Present

Robert/Theresa Bradford – Not Present

Lane/Karen Hansel – Not Present

Richard/Karen Baer – Not Present

Richard/Colleen Lalumiere – Not Present

The Board noted they would be scheduling a Site Walk. Jacques Belanger will call the Chairman to schedule.

MOTION:

Kenneth Swayze made a motion to continue the proposed two lot subdivision of Paul and Barbara Simoneau (E5-4-3) to the next meeting. Mert Mann seconded the motion. The motion 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 reported on the proposed Gerald Dugrenier two lot subdivision. He presented a Status Report. (attached) He stated that he felt the applicant needed to provide more material for the Board. He stated that deeds have not been submitted to the Board and felt that was pretty major. In addition, the Board needs to determine and make a decision as to whether or not the entire lot needs to be surveyed.

Jacques Belanger stated the biggest omission was the deed issue. Proof of ownership is open for discussion. The property has been inherited twice. If it is just the description, this is something we can provide.

Brian Nordle stated that speaking on behalf of the Chairman, James Marcou and the rest of the Board, we are trying to clean up the original submittals. The two big things are the deeds and the monumentation. What is documented and the size of the lot. Those in combination, are major enough to be defined before submittal, and cause denial of this application.

Jacques Belanger stated this was a hardship issue with the family with the complete survey of the property. There is no money to do it. It will be going to a family member.

The Board advised Jacques Belanger to request a waiver from the Planning Board regarding the complete survey of the property.

MOTION:

Mert Mann made a motion that the Dunbarton Planning Board not accept the application for the Gerald E. Dugrenier Proposed two lot subdivision located on Montalona Road because it is not complete. The motion was seconded by George Holt. The motion passed unanimously.

GEORGE NICOLAUO (D3-3-1) PROPOSED TWO LOT SUBDIVISION LOCATED ON ROUTE 13 AND MANSION ROAD IN THE VILLAGE AND MEDIUM DENSITY DISTRICTS IN DUNBARTON, NH

Kenneth Swayze reported on the proposed George Nicolauo two lot subdivision. He presented a Status Report. (attached) He noted that this subdivision had been previous approved and rescinded by the Board. He stated the plan is generally complete.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board move to accept the application for the George Nicolauo two lot subdivision as submitted. Michael Poirier seconded the motion. The motion passed unanimously.

Arthur Sciliano, Surveyor, appeared before the Board with the revised plan. He stated the only item that had been changed on the plan from the last meeting was the abutter which was listed in error.

Michael Poirier stated that the Board had required an easement for repairing the corner on the previously granted/rescinded subdivision. This was one of the problems. He wondered if the applicant has changed his mind. It was noted there was a letter from DOT which is attached to the Status Report. (attached)

At this point in the discussion, Mr. Nicolauo stated that DOT does not want this land at this time. In addition, they have no plans on making any project scheduled in the current Ten-Year Transportation Improvement Program for intersection improvements, etc.

Arthur Siciliano stated that this is a two lot subdivision on the west side or Route 13 consisting of the existing house, well and septic system. They are proposing an addition 2.1 acre lot. They have received State subdivision approval. They have DOT driveway permits for both lots.

Board indicated they would need copies of the State Subdivision Approval and DOT driveway permits.

Kenneth Swayze asked about monumentation and width of the right of way. Did you hold a four rod width on Mansion Road?

A.Siciliano stated this would be 33 feet either side of Mansion Road. Stated he will check it.

K. Swayze stated that with regard to monumentation, every little turn needs a granite bound. Asked if they would supply us with DOT permits in writing. Need all permits listed on the plan.

The Board noted the existing house should be shown on the plan as a “burned residence”. The Board also asked what the disposition of the “burned residence” was.

Mr.Nicolaou stated that the matter of the residence was in court and was supposed to go to Trial on September 27, 2004. Dispute with Insurance Company.

The Board stated that even though the State has indicated they do not need the easement, the Town has an obligation to request land for future improvements. This is the only time this will be able to happen.

Kenneth Swayze stated, “Let’s forget about what the State of New Hampshire says now. Are you willing to give a piece of land to the State or anybody. Are you willing?”

Mr. Nicolaou stated, “No”.

George Holt asked about test pit data on the plan. A. Siciliano stated he will put it on the plan.

George Holt asked about possible impacts to wetlands.

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

Mitchell/Nancy Rosen – Not Present

Roger St. Onge – Not Present

Jon/Doraine Mooar – Not Present

Kristin/Brett St. Clair – Not Present

Pamela Gooick – Not Present

Kathleen McDonald – Not Present

Thomas Englund Trust – Not Present

Grant Myers/Alberto Ricci – Not Present

Arthur Siciliano, Jr. – Present. (representing the applicant)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the George Nicholaou proposed two lot subdivision on Mansion Road and Route 113 to the next meeting. The motion was seconded by Mert Mann. The motion passed unanimously.

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

At this point in the meeting, Michael Poirier stepped down from the Board because of abutter status.

Kenneth Swayze presented a Status Report on the application. (attached) He noted there were many omissions and felt the application was incomplete.

MOTION:

Mert Mann made a motion that the Dunbarton Planning Board not accept the application for a proposed two lot subdivision from Gerald Gelinas and Donald Perkins (B2-1-1 & 2) located on Gorham Pond Road because of an incomplete application. The motion was seconded by Kenneth Swayze. The motion passed unanimously.

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

Michael Poirier stepped back to the Board.

Kenneth Swayze presented a Status report to the Board. (attached) He noted there were many omissions in the application. One of the more important omissions was the intent of the plan. Actually, the subdivision is the first one to qualify under the “Large-Lot Zoning with Reduced Frontage” which was recently passed at Town Meeting. This information needs to be on the plan for explanation of the reduced frontage, etc.

K. Swayze stated he felt this was a good plan for the Town in that it gave land to the Town for Conservation purposes but the Board needs to be sure the application is complete, etc. before accepting it.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board not accept the application for a proposed five lot subdivision from Anna Chan (H5-02-01) as presented because of an incomplete application. The motion was seconded by Alison Vallieres. The motion passed by a majority vote as follows:

Swayze – Yes

Mann – Yes

Vallieres – Yes

Poirier – Yes

Nordle – Yes

Holt – No

Brian Nordle noted that the intent of the Board has been to try to get applications totally complete. We need to know the intent of the subdivision by reading an accurate plan. What we are trying to do is to get applications to clean up a little bit.

OTHER BUSINESS:

MASTER PLAN UPDATE:

Brian Nordle gave an update on the Master Plan. He noted that two Chapters are now complete, i.e. Transportation and Community Facilities. The Planning Board will be hold a Public Hearing for public input, etc. on these two chapters at the next Workshop Meeting to be held on August 4, 2004. The Public Notice is posted on the Web Site and in the Concord Monitor and also three Public Places throughout the Town.

The Board asked about Sub-Committee Meetings, specifically those of the Natural Resources Committee and why they have not been posted.

Brian noted the Natural Resources Committee has had one meeting to date. He is unaware of the dates of upcoming meetings of this Committee so he is unable to post the meetings, etc.

Alison Vallieres stated it was interesting to note that the biggest critic of the Planning Board’s policy of posting public notices is flagrantly in violation of it with regard to the Natural Resources Sub-Committee Meetings. It is imperative that Brian Nordle/Ron Slocum be kept informed of upcoming meetings so they can post them on the Town Bulletin Boards, etc.

There being no further business, the meeting adjourned at 9:15 p.m.

Respectfully submitted,

Alison R. Vallieres

Secretary