DUNBARTON PLANNING BOARD
TOWN OFFICES
The Dunbarton Planning Board held its regular monthly meeting 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 and published
in the
MOTION:
A
motion was made by Kenneth Swayze to accept the meeting minutes as
written. The motion was seconded and
passed unanimously.
PUBLIC HEARINGS:
7:00 P.M. - 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 to the Board on the proposed Nicolauo Subdivision. (attached)
K. Swayze noted there were certain items which the Board had requested that have not yet been supplied by the applicant/surveyor.
The Board noted they had waived the site walk because they had previously walked the site for the previous subdivision application.
At this point in the public hearing, Arthur Siciliano presented an up-to-date DOT Driveway Permit.
Kenneth Swayze pointed out that Dunbarton had 50 foot setbacks for septic systems instead of 40 feet as shown on the proposed plan. This would need to be corrected.
Mert Mann, Selectman, requested that the monuments be set prior to signing of the final plan. Arthur Siciliano agreed to this.
In addition, Arthur Siciliano, Surveyor, agreed that he would be able to do all the items on the requested list on the Status Report.
Questions
from the Board:
George Holt asked what the status of the house was?
G. Nicolaou
stated that he was unable to take the house down until the court case was
settled. The house is considered
evidence. He stated that once the court
case was final, he would be willing to take down the burned house.
Abutters were read as follows and it was noted that all had been notified by certified mail:
Jon/Doraine T. Mooar Not Present
Mitchell/Nancy Rosen Not Present
Roger St. Onge Not Present
Kristine/Brett St. Clair Not Present
Kathleen McDonald Not Present
Grant Myers/Alberto Ricco Not Present
Thomas Englund Trust Not Present
Pamela Gooick Not Present
Arthur Siciliano Present. (Surveyor for the applicant)
Board Comments:
Brian Nordle stated that if the Board had a plan that was cleaned up we would be all set. Would like to make sure that all the items noted on the Status Report are in place and that the monuments are put in place.
Kenneth Swayze asked the applicant what is going to happen with the house?
G. Nicolaou that the house is evidence that cannot be touched until the court case is completed.
MOTION:
Brian
Nordle made a motion that the Dunbarton Planning Board approve the proposed two
(2) lot subdivision of George E. Nicolaou of Tax Lot D3-03-01 consisting of one
existing single-family residential lot, plus one new two (2) acre building lot,
located on Mansion Road and Route 13 in both the Medium Density (3 acre)
Residential District and the Village (2 acre) 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, status reports, etc.).
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.
5.
That the applicant (George Nicolaou) give the
Selectmen information as to the status of the burned structure.
The motion
was seconded by Michael Poirier. The
motion passed by a majority vote as follows:
Kenneth Swayze Abstained
Mert Mann Yes
James Marcou Yes
Brian Nordle Yes
Alison Vallieres Yes
George Holt Yes
Michael Poirer Yes
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
Michael
Poirier stepped down from the Board because he is an abutter to the
property. David Breault acted as a
voting member in place of Michael Poirier.
Kenneth Swayze presented a Status Report on the Gelinas/Perkins Proposed Subdivision. (attached)
Jacques Belanger, Surveyor, appeared before the Board on behalf of his Client, Gerald Gelinas. Donald Perkins was also present. Mr. Gelinas was not present.
The Board stated that Mr. Gelinas will have to answer the question as to the business status of the property prior to having the Planning Board act on the request.
Mert Mann, Selectman, stated the Town has a deeded right of way to the Town Forest land.
A site walk was conducted on September 14; present were Jacques Belanger, James Marcou, Kenneth Swayze, and David Breault. It was noted the Town right-of -way was block by a log and disabled vehicle.
Ken Swayze stated part of the interest of the site walk (September 14, 2004) was to observe the junk cars and transmissions, etc. and the status of the Town right-of-way.
James Marcou, Chairman, stated this subdivision cannot be created until he (Mr. Gelinas) cleans the site up. He can maintain his business situation but he has got to get rid of the junk. It was noted that a junk yard by State Law has to be no closer than 125 feet to an adjacent land use.
The Board stated that Mr. Gelinas needs to come to a Planning Board Meeting to better explain what he will be doing about the business and junk yard, etc.
It was noted the applicants had agreed to move the driveway to a better location.
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board continue the public
hearing for the Gerald Gelinas/Donald Perkins Proposed Subdivision and request
the Selectmen to issue a 90 day extension at the earliest opportunity within
the next month. Alison Vallieres
seconded the motion.
The motion
passed unanimously.
7:30 PM - RECEIPT AND
ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF
PROCEEDINGS:
Michael Poirer stepped back to the Board.
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 Leonard and Bethia Lamarca Proposed Lot Line Adjustment. (attached)
Alison Vallieres, Secretary, reported that she had received a telephone call on Tuesday, September 14, 2004 from Bethia Lamarca asking that the request be taken off the agenda because there had been no action taken at the Dunbarton Zoning Board of Adjustment Public Hearing held on Monday, September 13, 2004.
DIANE
OUELETTE-FAULKENSTEIN (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-Faulkenstein proposed two lot Subdivision. (attached)
Jacques Belanger, Surveyor, and the applicant were present to present the plan.
The applicants stated they had withdrawn their request from the Dunbarton Zoning Board of Adjustment because it did not appear favorable. Because it is a detached apartment, according to the Building Department, it would require ten (10) acres instead of seven (7) acres. The applicants stated they felt the request for a Variance for an apartment which ordinarily required ten acres did not have a good chance of being granted.
The Board stated they would not accept the application for subdivision until such time as the applicant agreed to take out the existing apartment and the lot would be considered a single family dwelling or the Dunbarton Zoning Board had granted a Variance to continue the use of the apartment on 6.89 acres instead of the required ten acres.
The applicant noted there was an option of putting a breezeway or storage area connecting the existing garage to the house thus making it an attached apartment.
After
discussion with her surveyor, Diane Ouelette-Faulkenstein stated she would
agree to give up the apartment and continue with the application for the
proposed subdivision.
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board accept the application
for a two lot subdivision from Diane Ouellette-Falkenstein based on the owners
assurance that the rental unit will be removed and uninhabited. Alison Vallieres seconded.
Board
Discussion:
Brian Nordle stated he would like them to put this in writing now and give it to the Board.
James Marcou stated he would like to have them bring a letter to the Board stating what they are doing. If we come to the next meeting and there is nothing in writing, we will not continue.
Brian Nordle stated we are accepting an application.
At this point in the discussion, Kenneth Swayze withdrew his motion. Alison Vallieres withdrew her second.
MOTION:
Michael
Poirier made a motion that the Dunbarton Planning Board accept the application
for a two lot subdivison from Diane Ouellette-Falkenstein based on the owners
assurance that the rental unit will be removed and uninhabited. James Marcou seconded the motion.
Board
Discussion:
The Board requested that the applicant bring a formal letter withdrawing the use of the apartment on the property.
George Holt asked if we were going to allow discussion on the whole proposal this evening.
The motion
failed with the following vote:
Mert Mann No
George Holt No
Kenneth Swayze No
Alison Vallieres No
Brian Nordle No
James Marcou Yes
Michael Poirier Yes
The Board noted they need the applicants to come back next month with the application and plan clearly defined as a single family house with the letter stating the apartment will be vacated before the final plan is signed.
Jacques Belanger, Surveyor, stated they will be back next month.
HARMAN
FAMILY TRUST (E2-2-1) PROPOSED THREE LOT SUBDIVISION LOCATED ON EVERETT DAM
ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Kenneth Swayze reported on the proposed Harman Family Trust application for subdivision and presented a Status Report. (attached) He stated there was a very long list of items missing from the application.
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board not accept the
application for subdivision from the Harman Family Trust as presented based on
the fact there were many outstanding items and material missing from the
application.
Michael
Poirier seconded the application. The
motion passed unanimously.
MASTER PLAN UPDATE:
Brian Nordle reported on the progress of the Master Plan. He stated that the Land Use Sub-Committee Report would be ready for public hearing at the next Workshop Meeting to be held on Wednesday, October 6, 2004. He will make sure there are 8-10 copies of the Land Use Report at the Town Office for public review prior to the Workshop Public Hearing.
George Holt reported the Natural Resources Committee held a meeting in conjunction with the Conservation Commission recently.
Alison Vallieres noted the Historical Cultural Committee is having a meeting this coming Tuesday, September 21, 2004. Mert Mann will be attending along with Alison Vallieres.
David Breault reported that the Housing Committee is continuing to have meetings, etc.
There being no further business, the meeting adjourned at 8:45 p.m.
Respectfully submitted,
Alison R. Vallieres, Secretary