DUNBARTON PLANNING BOARD
WORKSHOP SESSION AND
PLANNING BOARD MASTER PLAN WORK SESSION
TOWN OFFICES –
The regularly scheduled Workshop Session Meeting was held in conjunction with the Planning Board Master Plan Work Session and Public Meeting at the above time, date and place with Co-Chairman Brian Nordle presiding. The following members were present:
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
Acting Chairman Brian Nordle confirmed with the Secretary that the Meeting
Notice had been posted in three public places throughout the Town, published in
the Concord Monitor for one day and also put on the Dunbarton Web Page.
Richard
and Judy Keefe:
Request
by Richard and Judy Keefe (Tax Lot I1-1-11) to have the Dunbarton Planning
Board consider their proposed new town roadway known as “North Woods Road” as
substantially complete, and to refer a request for acceptance of said Class V
roadway to the Dunbarton Board of Selectmen for consideration.
Richard and Judy Keefe appeared before the Board regarding the “North Woods Road” and requirements necessary for acceptance of the roadway as a Class V roadway to be referred to the Dunbarton Board of Selectmen for consideration.
Richard Keefe expressed concern about the fact that
he had just received a copy of the letter from Don Mayo regarding the road
inspection and that it was put in his mail box today. He stated he had been requesting to be on the
Selectmen’s agenda for acceptance of the road since May 24, 2004.
The Board confirmed with Mr. Keefe that he had
checked with the Fire Department regarding the naming of the road (North Woods
Road) and they had agreed that the name had their approval. (written letter needed.)
The Board noted Don Mayo had the following concerns
about the road which are included in his report. (attached)
1. There is insufficient grass
growth as noted in Don Mayo’s report.
(Don Mayo’s report requests that the applicant seed and fertilize slopes
on the project)
R. Keefe stated that he had a contract with Grant
Jones to complete the entire road construction for $22,000, and he will see that it is done. He stated Jones had already put in 500 lbs
of “Contractor’s Mix”.
Brian Nordle asked if Mr. Keefe had a guarantee
growth of seeding with Jones in the contract.
2. There are logs, stumps and
brush left on the slopes.
Board asked when the logs and stumps will be removed. Mr. Keefe indicated he would be doing it shortly.
3. Property bounds need to be
all in place. (Surveyor’s monumentation requirement.)
4. Signs need to be all be up
according to the Planning Board/Don Mayo’s direction.
Mr. Keefe stated there is a 35 MPH speed sign on the road. He stated the Police Department told him the speed should be 35 MPH. Ken Swayze indicated he thought the speed should be 30 MPH.
5. The Board indicated a
concern that the remaining Bond is in the amount of $33,000 and Don Mayo is
estimating the final cost to complete the road is $37,000.
The Board through the Selectmen could address this at their Public Hearing..
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board acknowledge the status
of construction of North Woods Road as shown on subdivision plans approved
February 19, 2003, by the Dunbarton Planning Board (Tax Lot I1-01-11), be
considered as “substantially complete for purposes of Class V roadway
acceptance” by the Town of Dunbarton, board of Selectmen; with the
understanding that the following is incomplete and/or pending further review:
1) See Review letter from Don
Mayo dated August 30, 2004
2) See review letter from
Dunbarton Police Department dated August 30, 2004
Further
move that the remaining surety posted for construction of said roadway, in the
amount of $33,000, and held by the Town of Dunbarton be released to the sole
authority and control of the Board of Selectmen for the purposes of
administering and enforcing provisions of the policy of accepting new Town
roads, insofar as such provisions comply with the terms of the original
subdivision approval.
This
motion is further subject to the condition that all other requirements have
been met, including but not limited to, all deeds and other legal instruments
being prepared, reviewed, and subsequently filed at the Merrimack County
Registry of Deeds.
The
motion was seconded by Michael Poirier.
Board
Discussion:
George Holt expressed concerned about the remaining bond in the amount of $33,000 whereas the final cost to complete the road is estimated $37,000. The Board acknowledged that Don Mayo had indicated this was because of the volatility in the asphalt industry at this time.
Brian Nordle asked Mr. Keefe if he understood the Board’s concerns. If there is a default, the Town has to pay for it.
Mr. Keith stated he had a fixed price with his contractor (Grant Jones) and felt $33,000 was sufficient, etc.
Ken Swayze stated maybe this is something the Selectmen should address at their Public Hearing tomorrow evening.
Brian Nordle expressed concern that there is nothing growing. This has been the best year in six years for growing grass, etc. and it has not yet been re-seeded. Would like to see him grade and loam the culdasac. The roads are to be done before final Town acceptance and release of all monies. The Board would expect you to get it down or you will not be getting a CO.
Mrs. Keefe stated that we think we have complied with everything you have asked. We want to finish it too and finish it right. We are going to live there on the culdasac.
Brian Nordle stated this is no different that any other project. The important “punch list” items will be done before CO’s are issued.
George Holt noted the sign issue was brought up in April. He also noted they need granite bounds.
Richard Keefe stated it was not his responsibility to place intersection signs at the intersection of Route 77 and North Woods Road. It is DOT’s responsibility
Ken Swayze noted he will be doing a “bound inspection”.
K. Swayze stated that if this passes the Planning Board this evening, it will become the Board of Selectmen’s responsibility as to the unfinished work and the amount of money to be retained.
The motion passed by a majority vote as follows:
Kenneth
Swayze - Yes
Michael
Poirier – Yes
Alison
Vallieres – Yes
David
Breault – No
George
Holt – No
Mert
Mann – Abstained
At
this point, Brian Nordle broke the tie with a Yes vote.
Gorham
Pond Residents – Re-zoning Request:
Request
by Louis Costa et al to discuss with the Dunbarton Planning Board alternative
zoning opportunities for the Gorham Pond area of Dunbarton; and to further
discuss procedural requirements.
Residents of Gorham Pond appeared before the Board regarding the possible rezoning of the Gorham Pond area.
Louis Costa stated he has spoken with Ron Slocum, Kenneth Swayze and the Selectmen and some of them are in agreement there should be a change down at Gorham Pond. I believe we already have that zoning in place with the covenants that are on our deeds. They state 15 and 20 foot setbacks.
The Board stated that Town Zoning requirements take precedence over any covenants on deeds. If the Town decides to change the zoning, the changes affect the whole town regardless of any covenants on deeds. Other people throughout the Town also have deed covenants which the town supercedes.
At this point in the meeting, Louis Costa stated that Peter Pacik and Janet Lynn would speak on behalf of the residents of Gorham Pond with regard to this issue.
Peter Pacik stated that the reason that they all have come down here is we feel we are very stuck with our existing situation on Gorham Pond. We realize there is a five acre lot minimum in town but most of us have about ¼ of an acre lot. It is extremely difficult to comply with the setbacks and any change gets pushed into a Variance. It is a real problem for everyone down there. Some homes are very old and septic systems are not up to date. There are a lot of people that are stuck in a situation. We realize the five acre lot size takes precedence but we are still stuck with very small lots where it is impossible to comply with the 50 foot setbacks. We hope that the Town would make an acknowledgement of this.
Janet Lynn stated it is a beautiful place down there and the Town should be happy. The people there feel they are working against the Town of Dunbarton and people cannot take care of their property. It seems that we are so concerned about the lake and you are not doing that if sewage is going into the lake. The whole purpose of going through the process is defeated. What we went through to get a Variance on our property was very costly and prevents people from doing things within the system so I think it is to the Town’s benefit to work with the Gorham Pond residents. I think that the Town should recognize this is a beautiful area. Gorham Pond is where “those people live”.
Cassadra Zorawowicz, 6 Stephanie Road – Stated she would like to bring this before you after looking at the proposed Master Plan. How did an area that that has 70 lots get grouped into a Low Density District? It is there, we will become our own zone, etc. I did not know we got overlooked.
Gloria Pauline, 1 Holiday Shore Drive – Stated that the Center of Town has a different setback. If they voted for the Center of Town to have different setbacks, didn’t Gorham Pond get lost? I can’t get a Surveyor to come down to do a certified plot plan for me.
Ton Migneault – Stated you say the Town supercedes the original covenants. Would it not be feasible to have our Association control our original covenants instead of the Town’s?
Ann Merrill, Gorham Pond Association – Stated she was concerned about what Tony Migneault just said. Would like to explain why the Gorham Pond Association can’t do this. (Chairman Nordle requested her response wait until after further public comment.)
Cassandra Z – Would like to insure that the residents can maintain their houses and continue to grow. When those houses were built, they were summer cottages. They were built in 1957. There are now a lot of new owners. They want to fix them up. They are first home buyers. Currently with the zoning, the Town does not let us comply with modernizing these homes.
Brian Nordle – There is no way to resolve this at one meeting with the Planning Board. The zoning does take precedence. I do know that with my being on the Board a short time, you can pursue a zoning change. I know possibly the Zoning Board would agree with you. The Planning Board understands there is a big part of the population at Gorham Pond. There would have to be a new District created. The Town would NOT want the area to grow. This is already a high density area. The septic systems are a big concern. The square footage to support the septic systems for higher density is not there. In this area, you would not want that zone expanded. Having the Association administer it would not work because of Town roads, etc. Should confine development to only one or two bedrooms at the most. This is how Gorham Pond was developed, with one or two bedroom seasonal homes. They were small cottages on the lake. You should get an article in front of the Town to vote on. It would be a new zone. We can discuss it at the Board level but you have to do it to change the zone. Possibly there are others on the Board that can tell you how it has to happen to change the zone.
Kenneth Swayze stated that zoning has been in existence since 1970. For 25 years there has been no interest in changing the zoning at Gorham Pond. One of the things is good people are living there fulltime. Many are forced to come for Variances because of septic issues. A considerable amount of the work that the Zoning Board does is Gorham Pond for people to get relief. Stated that Dunbarton has a 50 foot setback for septic systems whereas the State has a 10 foot setback. That makes it impossible to rebuild septic systems without a variance on other lots throughout the Town also. In order to come before the Board, they have to spend $1,000 or more. They do have the right to have a petition article but the Planning Board is ultimately going to recommend or not recommend. You should try to work with the Planning Board first because it is an important rezoning issue.
K. Swayze suggested setting up a sub-committee and pay for the services of the Central New Hampshire Regional Planning Commission to help because of their non-biased position. We should start the ball rolling now. Need to work outside the meeting. Need to come up with responsible goals for zone. He stated he would call Central NH Regional Planning for help. You need to get away from your deed restrictions. Half the Town has deed restrictions. You need to come up with realistic goals.
Michael Poirier stated he realized what these people are going through because he lived down there. You don’t want to encroach on setbacks. You have got to be able to get a backhoe in to do repairs, etc.
Kenneth Swayze stated they will need to limit growth, and it is the responsibility of Towns to properly limit growth when you have ¼ acre zoning. You are limited until such time as a central sewage system is considered.
George Holt stated you cannot be talking about three or four bedroom homes. The lake is there. There is the Shoreland Protection Act and also the Wetlands Conservation District to consider. You cannot build anything within 250 feet of the pond, without proper review, permits, etc.
P. Pacik stated the most important thing for them was to have the Town behind us. You really have to understand this. Algae already grows in the water. It was a short time ago, it was called “scum pond”. It is a beautiful location and people that are moving there now are interested in fixing their property. We would like very much to have the Town support us. As much as we were put through the hoops on our Variance, what is needed as to what to get a Variance, Kenneth Swayze did a good job. Getting the District and hopefully we can alter the setbacks. We need the support o f the Planning Board.
Kenneth Swayze noted that they must be very careful about possibility of “Spot Zoning”. This is generally not legal. This is preferential treatment of a certain group. You run into a Constitutional problem. Spot zoning comes into play. We need to make sure Town Counsel goes over it. Central New Hampshire Regional needs to be involved and get their input.
Janet Lynn stated she didn’t think there was anyone down there who wanted Mr. Desmarais to build a four story house.
Brian Nordle stated the Board will do their homework. K. Swayze will contact Central NH Regional Planning for assistance.
Louis Costa will be the point person for Board contact.
Mr. Costa asked about possible grants from the State for Central Septic Systems, etc. Board suggested looking into Grants, etc.
Beryl Leggett – Asked about previous Zoning Board meeting minutes, and possibly going through them. The Board noted the minutes were available on the Web and also at the Town Office.
Cassandra Z. – Stated that for the most part, she hopes the Board understands our predicament.
K. Swayze stated that Gorham Pond ordinarily never comes before the Planning Board. It always comes before the Zoning Board.
Ron Slocum stated that the setbacks, etc are part of the problem. We cannot resolve the requirement of having certified plot plans for requests for Variances. This is a requirement of the Zoning Board and the Selectmen.
Alison Vallieres stated that the Zoning Board of Adjustment had to do this because they were taking the word of the applicants as to where their boundary lines were. There were discrepancies after the Variances had been granted and the Town was at fault because they assumed the measurements were correct. This is the reason for the certified plot plans.
Ken Swayze stated that Tony Migneault was the test case on this issue.
T. Migneault asked who decided that they must have certified plot plans for Variances, etc.? It was noted the Zoning Board of Adjustment and the Selectmen made this decision.
TOWN
OF DUNBARTON PLANNING BOARD – MASTER PLAN WORK SESSION:
1. DRAFT TRANSPORTATION CHAPTER
2. DRAFT COMMUNITY FACILITIES
CHAPTER
There were no members of the public present to discuss the Draft Chapter.
Brian Nordle stated that members could look over the
Chapters and make recommendations to Central Regional NH Planning. These should only be grammatical, spelling
changes or outright errors. There should
not be context changes to the Sub-committees reports.
Brian Nordle stated there would be a Special Meeting
of the Land Use Sub-Committee on Wednesday, September 8, 2004 to set priorities
for the recommendations in the Land Use Report.
All Planning Board members, etc. are invited to attend this meeting.
There being no further business, the meeting
adjourned at 9:15 p.m.
Respectfully
submitted,
Alison
R. Vallieres
Secretary