DUNBARTON PLANNING BOARD
WEDNESDAY, AUGUST 18, 2004
TOWN OFFICES – 7:OO PM
The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Chairman James Marcou presiding. The following members were present:
James Marcou, Chairman
Brian Nordle, Co-Chairman
Alison Vallieres, Secretary
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 meeting notice had been posted in three public places throughout the Town in a timely fashion in accordance with State Law and that it had also been published in the Concord Monitor for one day. In addition, the Public Notice was on the Dunbarton Web Page.
Brian
Nordle made a motion to accept the minutes of the Wednesday, July 21, 2004
meeting as written. The motion was
seconded and passed unanimously.
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 for the Paul and Barbara Simoneau proposed two lot subdivision. (attached)
James Marcou, Chairman, reported that they had done
a Site Walk this evening (August 18, 2004 @ 6:00 p.m.) He reported Kenneth Swayze, Brian Nordle and
himself had gone on the Site Walk.
Stated that the shared driveway was a perfect example of how the
Planning Board felt the new Shared Driveway requirements should work. In addition, he noted the Site Walk had shown
the lot to be very suitable for the proposed subdivision.
George Holt stated that when he went on the Site
Walk of the property two years ago, it was an esker arrangement. The house was going to be on the high part of
the property. There was a small area of
wetlands. He was concerned there would
be no impact to the Wetlands.
Jacques Belanger, Surveyor, stated the Wetlands work
had been done three years ago; and there would be no wetland impact due to
driveway construction.
Jacques Belanger also noted that several of the
monumentations had yet to be put in because they are located in the wetlands
areas. The marsh grass is almost 8 feet
tall. There will be a 10 foot setback
for the driveway so it will not encroach upon the adjacent lot.
Brian Nordle asked about whether the abutter of the
adjacent lot appeared on the final plan.
It was noted it was not yet, but would be.
The Board noted they have not seen the driveway
easement description yet. Jacques
Belanger stated he has not yet drafted it but will shortly. He needs to know what the Board wants on the
driveway easement. The Board wanted to
make sure there are stipulations on the easement to restrict future use to only
a single family residential use. The
Board noted they need to make sure the landowner is protected as to who is
responsible for the snow plowing and other maintenance, etc.
The Board noted that Test Pit Data appears on the
plan.
The Board noted that in the near future, the
Registry of Deeds will not accept plans with contours and any extra information
on them such as Test Pit Data.
The Board noted the Tax Map Numbers should also be
on the Plan.
At this point in the meeting, abutters were read as
follows and noted all had been notified by certified mail:
Daniel/Johanne Duchesne – Not Present
Thomas/Eleanor Watts, Trustees – Not Present
Jeffrey/Melinda Spill – Not Present
Timothy/Holly A. Twitchell – Not Present
Helen/Edward 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 Public Hearing was closed.
MOTION:
Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed two Lot subdivision of Paul and Barbara Simoneau of Tax Lot E5-4-3 consisting of a two-lot subdivision on 10.9 acres (one existing residential lot, plus one new lot), located on Robert Rogers Road in the Low Density (five acre) Residential District subject to the following conditions:
1. Submittal of a final,
technically accurate and graphically correct plan-set in full compliance with
all current subdivision regulations and incorporating any and all additional
requirements established during deliberations with the Board (per minutes)
2. Approval and receipt of all
other required local, State or Federal permits.
3. Payment of all fees and
costs associated with the Dunbarton Planning Board application process.
4. That all specified work and
improvements at the site, as specified by the Land Subdivision Regulations, be
completed prior to the signing and filing of the mylar (i.e. survey
monumentation and related); or a surety be posted in favor of the Town, in an
amount adequate to complete such work as required.
Brian Nordle seconded the motion. The motion passed unanimously.
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 presented a Status Report on the
Nicolauo proposed subdivision. (attached)
He stated he had spoken with Art Siciliano, Surveyor, the previous week, and they had agreed that
the subdivision would not be acted upon at this meeting, due to the need for
more information and/or field work.
Arthur Siciliano, Surveyor, appeared before the Board and stated that he would be scheduling a Site Walk with the Board prior to the next meeting. In addition, he did not have all the information for the Board this evening.
The Board advised Mr. Siciliano that he should provide the approved Driveway Permits from DOT at the next meeting and make sure they are up to date.
MOTION:
Kenneth Swayze made a motion
to continue the George Nicolauo Proposed Subdivision until the next meeting in
September. The motion was seconded and
passed unanimously.
RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE
DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:
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
At this point in the meeting, Michael Poirier stepped down from the Board because he is an abutter to the property. The Chairman noted that David Breault, Alternate, would be representing Michael Poirier on the Board for this request.
Kenneth Swayze presented a Status Report on the Gelinas/Perkins proposed two lot Subdivision and Lot Line Adjustment. (attached) Ken noted there were certain outstanding issues that must be resolved prior to the Planning Board making a final decision on the proposal.
Jacques Belanger, Surveyor, appeared before the Board on behalf of his clients, Gerald Gelinas and Donald Perkins.
The Board noted there was some progress made from the previous meeting with regard to providing missing information.
MOTION:
Kenneth Swayze made a motion
that the Dunbarton Planning Board accept the application. with
reservations, of 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 and allow the presentation of the application but the Board does not
participate in any deliberations.
Brian Nordle seconded the
motion.
Board Discussion:
Brian Nordle asked if the Board needs a clarification on the ROW. Jacques Belanger stated the only description he has is on the plan.
George Holt asked if there were any fatal flaws in the plan. The Board noted the ROW needs to be looked into further.
In addition, the Board noted the building pocket area will come up for discussion and the Board will address it during their deliberations.
David Breault asked why the Board was wasting time if the application had problems.
At this point in the meeting,
Kenneth Swayze withdrew his motion.
The Board noted that the business use of the property has to be established by the applicant. The right of way is still an outstanding issue. Jacques Belanger stated the deed says nothing. It makes reference to a plan which says nothing.
Kenneth Swayze noted that once the application is accepted the Planning Board is “going to analyze this particular plan in detail”.
James Marcou stated it would be reasonable to move forward with this information and give the applicant an opportunity to provide the necessary information required. The matter will not be voted on until all information is complete anyway.
Brian Nordle stated he would like to define what we are looking for the next meeting.
MOTION:
Kenneth Swayze made a motion
that the Dunbarton Planning Board accept the application, with reservations as
to the outstanding materials and information,
of 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 and allow the presentation of the application
this evening.
Brian Nordle seconded the
motion. The motion passed
unanimously.
Jacques Belanger, Surveyor, appeared before the Board on behalf of his clients. He stated he started with the plan which was completed in the 1970’s. At that time, there was a Lot Line Adjustment for Don Perkins for a five acre lot. The plan is very weak. At that point, he decided they needed to re-survey the entire parcel. The easement runs down through the property to what is now Town Property. There are presently three 36’ culverts over Gorham Brook.
Jacques Belanger stated this Proposal would fall under the new Large Lot Zoning requirements. The new lot would have 225 feet of frontage and keep the back land. There would be a land exchange between Donald Perkins and Gelinas to provide sufficient land to have at least 75 foot wide “neck” on the new lot.
J. Belanger noted there would be a 125 foot setback from the Wetlands Conservation District. This will be flagged for the Site Walk. J. Belanger stated he did not know what Mr. Gelinas’ plans were for the existing business. He has been taking cars out of the property. Not sure if he still operates the business. There are two close building pockets that use the available upland. He showed the 4,000 square foot for the septic area. The configuration may be changing.
The Board noted there have been some complaints in the past about the property with regard to pollution and hazardous waste, etc. The Board would hope that this site would be cleaned up through something like this. There are presently two box cars which are full of transmissions. Contamination of the area has been an issue in the past.
James Marcou stated that he thought that the two issues are unrelated because he has an pre-established business and it is operational. It is not the Planning Board’s responsibility to make him clean up old car parts. It is the Code Enforcement Officer’s duty.
Kenneth Swayze stated that when you are subdividing land, it is the Planning Board’s responsibility to some degree to protect the public. Tucker Hill was an example. They had to dig test holes to show there was no salt contamination.
James Marcou stated that they (applicants) need to produce evidence that the lot is not contaminated.
Brian Nordle stated that with regard to the Tucker Hill example, it was the Town (salt shed) that could cause the possible contamination, not the applicants. The Town will not be liable for this because it is private.
James Marcou stated the Board would carefully eview these issues at the Site Walk (present site condition and existing use of the site).
Kenneth Swayze stated DES says it is the duty of the Planning Board to bring up these issues at every opportunity of review.
James Marcou stated there is the parent lot with the a lot of land in the back. He assumes there will be no further subdivision of this lot.
Jacques Belanger stated he did not see how any further subdivision would be possible with today’s regulations and zoning. It does not have the frontage to further subdivide. In addition, the 125 foot Wetlands District Setback was difficult to deal with; and there are substantial wetlands.
The Board noted the list is a long list for the next meeting as follows:
1. Right of Way – Mert Mann, Selectman, will talk to Fred Mullen regarding the ROW to the Town Forest property.
2. Need to know what the extent of the grand-fathered commercial use of the property is Will be reduced to only the parent lot. It stays with the parcel. We are not going to provide a new Special Exception to a new lot. The use will not be included on the new lot.
At this point, George Holt asked if he would give up his grand-fathered status of the use of the property. Jacques Belanger responded it was not his decision.
3. With regard to the Site Walk, Jacques Belanger will call James Marcou to schedule.
Abutters were read as follows and noted that all had been notified by certified mail:
Michael Poirier – Present. No comments.
Tondy Higginbotham – Present. No questions at this time.
David/Amanda Mattil – Not Present
Henry/Joanne Burnham – Not Present
Susan Lurgio – Not Present
Town of Dunbarton – Present (Ken Swayze and Mert Mann, Selectman)
Schauer Environmental Consultants – Not Present
J. E. Belanger Surveying – Present (representing the applicants)
MOTION:
Kenneth Swayze made a motion
that the Dunbarton Planning Board continue the 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 until
the next meeting.
The motion was seconded and
passed unanimously.
ANNA CHAN (H5-2-1) PROPOSED
FIVE LOT SUBDIVISION LOCATED OFF GILE ROAD IN THE LOW DENSITY DISTRICT IN
DUNBARTON, NH
At this point in the meeting, Michael Poirier stepped back to the Board.
Kenneth Swayze presented a Status Report on the Anna Chan Proposed Subdivision. (attached) He stated improvements have been made to the plan since the last meeting. He noted this was a complicated project and would benefit the Town of Dunbarton due to the planned gift of land to the Town. It needs a lot of outside the Board discussion between the Selectmen and the Conservation Commission. The Road Department is certainly interested in how this road will be upgraded. There are still things missing, but feel the applicants need to make headway outside this Board, namely the Board of Selectmen, on this proposal.
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board accept the application
for the Anna Chan (H5-2-1) proposed five lot Subdivision located off Gile Road
in the Low Density District in Dunbarton, NH and allow a presentation this
evening but that the Planning Board make no deliberations.
Brian
Nordle seconded the motion. The motion
passed unanimously.
Jacques Belanger, Surveyor, presented the plan. He stated that they had applied to the Zoning Board of Adjustment for a PRD but access was too difficult for a PRD thus they had decided to take this route. The Chan’s have decided to break off three lots to sell, and keep one remaining lot with the existing house and give the remainder to the Town of Dunbarton. Gile Road is a Class VI road from Steve Brennan’s house to the Bow Town Line. The Chan’s ran power all the way to their home up Gile Road.
J. Belanger stated this plan was taking advantage of the newly passed Large Lot Zoning Regulations. He also stated there is a beautiful large old foundation on the property which he has marked on the plan. He stated they will be improving Gile Road until Lot D and continue accessing through Bow (as may be allowed).
J. Belanger stated they will be meeting with the Selectmen to talk about road improvements. He stated that the Conservation Commission previously had wanted to continue the narrow gravel way. What is too much or not enough? Will need outside input.
The Board noted they had received a communication from the Town of Bow regarding the use of the access from Bow. (attached) The communication stated if Bow is used as an access, they would like it only to be for emergency use only and have a crash gate installed near the Town Line to discourage all but emergency use of the road.
Jacques Belanger will speak with Bill Klubben of Bow regarding the access. He noted the access will have to come back to Gile Road on the Dunbarton side if Bow requires a crash gate.
Questions
from the Board:
James Marcou asked about the 75 foot wide strip to the piece which will be deeded to the Town. Is this a ROW or easement?
J. Belanger stated this is part of the lot which will be given to the Town. It is not an easement or ROW.
Brian Nordle asked if there was room to pass where the old foundation is. J. Belanger stated yes there is sufficient room to pass. (To be reviewed on site walk)
David Breault asked regarding on the Bow-Dunbarton line, where do they want it, on the Dunbarton or the Bow line. It was noted it looks like a driveway coming out between two houses on the Bow side.
James Marcou stated the Board will want to hear what the Selectmen agree to and the applicants will schedule a site walk with the Planning Board.
Brian Nordle asked about timing.
Kenneth Swayze noted they will probably be asking for extensions. The Conservation Commission, Planning Board and Board of Selectmen are all involved in this process.
The Board noted they will wait to hear from Jacques Belanger as to when the item will appear on the agenda again.
The following abutters were read and noted that all had been notified by certified mail:
Stephen Brennan – Not Present
Earl/Catherine Farley – Not Present
A & D Construction – Not Present
Town of Bow – Letter received
Linda Baines – Not Present
Thomas/Linda Sexton – Not Present
William/Elizabeth Jacob – Not Present
Mark/Patricia Johnson – Not Present
Gregory/Marie Marquis – Not Present
Robert/Carol Van Horn – Not Present
Dale/Susan Murphy – Not Present
Andrea Procita/Paul Iopresti – Not Present
Richard/Nancy Robertson – Not Present
Brian Corrors and Michelle Loracco – Not Present
William/Janet Dare – Not Present
Michelle/Roderick McQuarrie – Not Present
Leo O’Neil Matos – Not Present
Schauer Environmental Consultants – Not Present
J. E. Belanger Surveying – Present (Representing the applicants)
Jacques Belanger will contact the Board Secretary regarding when they will be back on the Planning Board agenda.
MOTION:
Kenneth
Swayze made a motion to continue the Anna Chan (H5-2-1) proposed five lot
Subdivision located off Gile Road in the Low Density District in Dunbarton, NH
until the next meeting.
Brian
Nordle seconded the motion. The motion
passed unanimously.
LEONARD AND BETHIA
LAMARCA (J2-1 & 2) PROPOSED LOT LINE
ADJUSTMENT LOCATED ON JEWETT ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON,
NH (NO NEW LOTS CREATED)
Kenneth Swayze presented a Status Report on the Lamarca Proposed Lot Line Adjustment. (attached)
At this point in the meeting, Alison Vallieres, Secretary, stated she had received a communication from Bethia and Leonard LaMarca stating there Request for a Variance had not been approved at the last Zoning Board Meeting, and therefore they would not be on this night’s agenda. (attached) They requested that they be put on the September Planning Board agenda.
DIANE OUELETTE-FAULKENTEIN
(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-Faulkentein proposed two lot subdivision. (attached)
Ken Swayze stated this was an incomplete application. There presently is a multi-family use of the existing house lot. This would now require seven acres. In addition, the Town of Dunbarton is omitted as an abutter to the property. The proposal is outside the scope of zoning.
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board not accept the
application from Diane Ouelette-Faulkentein for a proposed two lot Subdivision
located on Flintlock Farms Road-Stark Highway south in the Low Density District
in Dunbarton, NH because it is incomplete and outside the scope of zoning.
Brian
Nordle seconded the motion. The motion
passed unanimously.
NEW BUSINESS:
Diane Ouellette-Falkentein Proposed Subdivision:
(Non-binding Discussion)
At this point in the meeting, Jacques Belanger, Surveyor, asked to have a non-binding discussion with the Planning Board regarding the Diane Ouellette-Falkentein proposed two lot subdivision located on Flintlock Farm Road. The Board agreed that the discussion would be non-binding.
Jacques Belanger, Surveyor, asked the Board’s opinion about whether this was considered an accessory apartment or a multi-family. The Board suggested he seek the opinion of the Dunbarton Zoning Board of Adjustment. He stated it will be up to the applicant as to whether or not they want to do away with the apartment or seek a Variance for reduced acreage for an apartment from the Zoning Board of Adjustment.
J. Belanger stated they were going to try to sell the farm house and sell the lot separately. They have done test pits already. Wetlands have been delineated on the plan and they will not be impacted.
Jacques Belanger will ask the applicants as to whether they want to give up the apartment. He may try to do that first.
OTHER BUSINESS:
MASTER PLAN UPDATE
Brian Nordle, Co-Chairman of the Master Plan Steering Committee, reported there will be a Steering Committee Meeting on Monday, August 30, 2004. Would like to request that as many of the Planning Board members as possible attend.
George Holt reported that the Natural Resources Committee had held a meeting at the Conservation Commission Meeting last week.
David Breault reported that the Housing Committee had held their second meeting with approximately five people present. Would appreciate any members of the Planning Board to attend.
Alison
Vallieres reported that the Historic Committee had held their first
meeting on Tuesday, July 13. Mert Mann
and she had attended from the Planning Board.
The next meeting of the Historic Committee will be held on Tuesday,
August 24, 2004.
There being no further business, the meeting adjourned at 9:00 p.m.
Respectfully submitted,
Alison R. Vallieres, Secretary